About the Commission
The Judicial Tenure Commission was established by Administrative Order No. 2 to receive, investigate, and act on allegations about the conduct of judicial officers. It gives people a place to raise concerns about how a judge or magistrate behaves, and makes sure those concerns are looked into fairly.
The Commission is independent of the courts it reviews. It works through three commissioners, a chairperson, and a Grievance Administrator, and it reports to the Supreme Court.
Who makes up the Commission
The commissioners
The Commission has three commissioners, and one of them serves as chairperson. To keep the Commission independent, no commissioner may be a former or current justice, or a current judge or magistrate. The commissioners are the ones who decide whether a complaint goes forward.
The Grievance Administrator
The Grievance Administrator is the Commission's prosecutor. When the Commission decides to bring a case, the Grievance Administrator presents it to the Supreme Court.
- The chairperson nominates the Grievance Administrator.
- The full Commission votes to confirm the nomination. Confirmation needs at least two of the three commissioners, so a vote of 2-1 or 3-0.
- The Grievance Administrator prosecutes only the cases the Commission chooses to bring. The commissioners, not the Administrator, decide whether misconduct occurred.
How a formal report is handled
A complaint that reaches the Commission is called a formal report. Every formal report is handled in the same way.
- The Commission receives the reportAnyone can submit one. See how to file a complaint.
- The Commission reviews and investigatesThe commissioners look into the allegation under the Commission's procedures.
- The commissioners voteEach commissioner votes on whether the report shows misconduct. The vote is decided by a majority of the three.
- If misconduct is found, the Commission files with the Supreme CourtIt recommends a punishment and sends the Grievance Administrator to prosecute the case.
- The Supreme Court decidesThe Court hears the case and takes the final action.
How the vote works
| Vote on misconduct | Result |
|---|---|
| 3-0 | Misconduct found The Commission files with the Supreme Court. |
| 2-1 | Misconduct found The Commission files with the Supreme Court. |
| 1-2 | Not found The report does not go to the Supreme Court. |
| 0-3 | Not found The report does not go to the Supreme Court. |
At least two commissioners must agree before a case can be filed. A single commissioner can't send a report forward on their own.
What the Commission can recommend
When it files with the Supreme Court, the Commission recommends the action it thinks is right. Options include:
- Discipline of the judicial officer;
- Suspension from the bench;
- Removal from office; or
- Another appropriate action that fits the conduct.
The Commission recommends. The Supreme Court decides. The Court makes the final decision on whether to discipline, suspend, or remove, after the Grievance Administrator presents the case.
The Commission also reports on its proceedings and recommendations to the Supreme Court whenever the Court requires.
What the Commission can't do
The Commission looks at a judicial officer's conduct. It is not a way to appeal a ruling. If you disagree with how a judge decided your case, the remedy is an appeal. See mandatory appeals.
The Commission can
- Review complaints about judicial conduct
- Investigate the allegations
- Recommend discipline, suspension, or removal
The Commission can't
- Change or reverse the outcome of a case
- Give legal advice or represent you
- Punish a judge itself. Only the Supreme Court can