Judges are Human too

We expect judges to hear all of the evidence, weigh the credibility of the witnesses, review the exhibits introduced into evidence and apply the law to the facts to render a just and fair verdict. The problem with this is that like us, judges are human.  We make mistakes. We sometimes let our life experiences affect our decisions despite our best efforts to eliminate bias.

In my opinion, the majority of our District Court judges do a great job administering justice in a fair and impartial manner.  Sometimes, however, a judge will make a ruling that we disagree with.

Ways to Address a “Bad Decision”

A litigant who wishes to challenge the decision of a judge may do so in the following ways:

1. Rule 59 Motion for a New Trial – Must generally be filed within ten days of the entry of a written order and must have one of nine grounds in order to file.
2. Rule 60 Motion for Relief from Judgment – Must generally be filed within a year of the entry of a written order (sooner the better) and must have one of six grounds to file.
3. Appeal – Must generally be filed within 30 days of the entry of a written order.  Appeals from District Court are made to a three judge panel at the NC Court of Appeals which reviews the trial court’s decisions.

All of these options are expensive and rarely result in success.  Great deference is afforded decisions of a District Court judge.   This is because the judge actually gets to see the witnesses testify, watch their faces and judge their credibility.

In the event that the judge actually acted in an unethical manner, the Judicial Code of Conduct may apply.

Code of Judicial Conduct

The North Carolina Judicial Standards Commission sets out seven canons or principles under which judges should act. They are:

1) A judge should uphold the integrity and independence of the judiciary.

2) A judge should avoid impropriety in all the judge’s activities.

3) A judge should perform the duties of the judge’s office impartially and diligently.

4) A judge may participate in cultural or historical activities or engage in activities concerning the legal, economic, educational, or governmental system, or the administration of justice.

5) A judge should regulate the judge’s extra-judicial activities to ensure that they do not prevent the judge from carrying out the judge’s judicial duties.

6) A judge should regularly file reports of compensation received for quasi-judicial and extra-judicial activities.

7) A judge may engage in political activity consistent with the judge’s status as a public official.

Complaints

Individuals may file formal grievances against judges when they believe the judge has violated these rules. The three most common complaints are: 1) legal/procedural error; 2) denied fair hearing; and 3) bias.  However, most family law cases are assigned to the same judge.  The individual filing the complaint is likely to remain with the same judge….and that may make future hearings difficult.  We generally do not recommend that litigants file complaints against their judge.

If you are involved in a case where you received a bad decision, give us a call.  We may be able to help.