Complaint Process

Understanding the Complaint Process

When the Commission receives a complaint about an active Florida judge it is assigned a JQC docket number. An acknowledgment letter containing the docket number is then sent by US Mail to the complainant.

(Complaints about officials that do not fall under the Commission’s jurisdiction are not assigned a docket number and are returned to the sender.)

From this point, the docketed complaints are reviewed using the basic steps outlined below. Once a disposition has been reached the Commission will send a letter to the complainant by US Mail stating the disposition (e.g., the complaint has been dismissed, or the complaint is proceeding to the Hearing Panel).

Step 1
Signed complaint forms are received by the Commission staff in Tallahassee.
Step 2
The Investigative Panel of the Commission reviews the complaint to determine whether the allegations constitute a breach of the Judicial Canons. If yes, then the complaint continues to Step 3. If no, then the complaint may be rejected, or dismissed. The matter may also be passed for further investigation by the Commission.
Step 3
The subject judge is issued a Notice of Investigation pursuant to FJQC Rule 6(b) or a Notice of Required Appearance, pursuant to FJQC Rule 6(c).
Step 4
The subject judge appears before the Investigative Panel to provide an explanation and answer questions about the alleged breach of the Judicial Canons.
Step 5
The Investigative Panel decides whether there is probable cause and whether to institute formal proceedings against the subject judge. If probable cause is not found, then the complaint may be dismissed, or the matter may be passed for further investigation by the Commission. If probable cause is found, then the matter proceeds to Step 6.
Step 6
The Investigative Panel and the subject judge may reach a Stipulation as to the appropriate discipline/ sanction. This agreement is then presented to the Florida Supreme Court which can either accept or deny the Stipulation. The Investigative Panel may also refer the matter to the Hearing Panel of the Commission. (See Step 7, below).
Step 7
The Hearing Panel of the Commission conducts a formal evidentiary hearing regarding the alleged misconduct. This hearing is open to the public. The Hearing Panel will then issue a Findings of Fact and Recommendation of Discipline, which is presented to the Florida Supreme Court. It is the Supreme Court which ultimately imposes any sanctions against a subject judge, and the Court may accept, reject, or modify the Findings and Recommendations of the Hearing Panel.

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Complaint Process

Understanding the Complaint Process

Step 1

Step 2

Step 3

Step 4

Step 5

Step 6

Step 7