Frequently Asked Questions
The Commission’s function and process is different from other regulatory agencies, such as the Florida Bar, or the Florida Commission on Ethics. Below are the are the answers to some of the most frequently asked questions.
The Commission has jurisdiction to review complaints about judges of the County, Circuit, District Courts of Appeal, as well as Justices of the Supreme Court of Florida.
The Commission cannot review complaints about Federal Judges, magistrates, child support hearing officers, traffic hearing officers, Worker’s Compensation Judges, or Administrative Law Judges. Concerns about these officials should be directed to the agency which employs them. Ex: Traffic hearing officers are hired and employed by the Circuit in which they work. Administrative Law Judges are employed by the Division of Administrative Hearings (DOAH).
No. As the investigatory and enforcement authority of the Canons, the Commission and its staff may not provide legal advice about whether activities by a judge or judicial candidate constitute a breach of the Code of Judicial Conduct. Similarly, neither the Commission nor its staff may offer legal advice or assist in litigation.
Judges with questions may contact the Judicial Ethics Advisory Committee (JEAC) to request a formal opinion, or review the JEAC’s published opinions. Click here for additional information.
No. The Commission has no authority to review a Court’s legal decision, or rulings. Nor can the Commission intervene in a case on behalf of a party. Judicial disciplinary matters proceed separately from the court system, and the outcome of the disciplinary matter will have no legal effect on cases being handled by the subject judge. It is up to the litigant’s and their legal counsel to file the appropriate motions or make the appropriate appeals in the underlying cases.
No. Filing a complaint with the Commission does not provide a basis for disqualification of a judge. Litigants should consult with competent legal counsel to determine whether a motion to disqualify is appropriately founded.
- No discipline/ Private Admonishment
- Lawyer Discipline
- Public Reprimand
- Fine
- Suspension
- Removal
The Investigative Panel meets approximately every six weeks, and reviews complaints on a first-come-first-served basis. If the Investigative Panel determines to proceed with an inquiry into an allegation of misconduct, that process can last several weeks to months.
If the matter proceeds to a final evidentiary hearing before the Hearing Panel, the process can take a year or more before the Supreme Court is able to render a final decision.
