Unfortunately, situations of incorrect behavior of a judge during a meeting sometimes occur. Many people hesitate to file complaints against judges, considering this act useless or guided by a sense of fear. Indeed, a lot can depend on the decision of one or another judge, and no one wants to enter into an open conflict with an official. But sometimes you still need to pay attention to such moments, and a complaint about a judge’s actions must be filed as soon as possible.
If you find yourself in a similar situation, do not try to come to terms with the unlawful behavior of a judge. A complaint against a judge, as a rule, leads to a deterioration of his reputation and various disciplinary consequences, and this, in turn, will force him to draw conclusions and review his behavior. In this matter, it is enough to pay attention to a number of specific rules that relate to the writing and filing of relevant complaints.
Consider several options for judges to violate their authority. The first of them is the judge’s incorrect behavior during the hearing or in relation to the participants in the court proceedings. This can be expressed in statements, gestures, and even in the facial expressions of a judge, but it can be very difficult to prove these facts. However, do not be afraid to file a complaint. Such cases are dealt with by the Qualification Collegium of Judges or the Council of Judges. And believe me, even if you are a little afraid of a particular judge, then each of them is afraid of proceedings in these bodies.
The second possible situation is a violation by a judge directly of his procedural duties. Examples in this case are the failure to notify the parties of the dates of the proceedings, a violation of the trial process itself, a clear delay in the consideration of the case, and other similar issues. A complaint against a judge in the event of such situations is submitted to the President of the court. Naturally, he will have an effect on the judge, although penalties are not always as serious as they should be. It should be remembered that in this case a complaint against a judge is drawn up directly in the courthouse.
A third option would be to express the apparent favor of the judge to one or another participant in the trial. In this situation, you have the opportunity to challenge him. However, it is not a fact that this challenge will be satisfied, so be patient and act according to your views.
It is also worth noting those places where your complaint about a court decision or the conduct of a judge will remain unanswered. We are talking about the European court and the prosecutor's office, as these organizations perform other functions and do not deal with such situations. When writing a complaint, be sure to pay attention to some very important points, without which your complaint may simply not be accepted. Try to state the essence of your claim as detailed and clear as possible, without unnecessary emotions. If necessary, indicate the sheet numbers of the case or other evidence of your complaint. It will be very useful to indicate articles of regulatory legal acts that contain a legislative description of the violation of your rights.
An approximate complaint writing algorithm will help you correctly state the essence of your appeal. In the upper right corner of the form, the data of the official and the name of the body to which you file the complaint must be indicated. At the very beginning of the text, be sure to indicate in the proceedings of which court your case is. At the same time, specify the case number. Next, describe in detail the essence of your appeal with the maximum number of references to legislative acts. At the end of the text, describe your requirements. The complaint against the judge must be certified by your personal signature.