JURISDICTION: NEW YORK

This template applies to New York State courts (Supreme, Family, Appellate Division) governed by CPLR, DRL, FCA, and 22 NYCRR.

COMPLAINT TO NY STATE COMMISSION ON JUDICIAL CONDUCT

⚠️ Before Using This Template

When to Use Judicial Conduct Complaint

USE this template when:

Judge engaged in pattern of serious misconduct violating Code of Judicial Conduct (22 NYCRR Part 100)
Violations involve integrity, impartiality, or core judicial duties (not mere errors of law)
Pattern of conduct (multiple instances or systematic refusal to follow procedural law)
You've exhausted other remedies (appeals, motions for recusal, Article 78 mandamus)
Conduct harms administration of justice, due process, or public confidence in judiciary
Examples: Refusing to issue required orders, persistent ex parte communications, bias/prejudice, failure to provide hearings

DO NOT use this if:

Judge ruled against you and you disagree with decision (that's appeal, not misconduct)
Judge made isolated error of law or fact (remedy is appeal or motion to reargue)
You haven't exhausted other remedies (appeal, Article 78, motion for recusal)
Issue is scheduling or case management within judge's discretion
You're unhappy with pace of proceedings but judge hasn't violated specific duty
Judge was impatient or discourteous but followed law (discourtesy alone rarely warrants discipline)

Appropriate example: Over 18-month period, judge: (1) refused to issue written orders on 7 motions despite CPLR §2219(a) requirement; (2) held ex parte meetings with opposing counsel documented by emails; (3) denied all your requests without hearings; (4) made statements showing bias ("I don't believe anything you say"); pattern violates §100.3(B)(6) (right to be heard) and §100.2(A) (impartiality).

Inappropriate example: Judge denied your motion for summary judgment and you think judge misapplied the law (that's legal error subject to appeal, not judicial misconduct).

Try These Steps First

Before filing judicial conduct complaint:

Appeal the decision - If judge made legal error, file notice of appeal (CPLR Article 55)
Motion for recusal - If bias/prejudice, file motion for judge to recuse (22 NYCRR §100.3(E)(1))
Article 78 mandamus - If judge refuses to perform ministerial duty, file Article 78 petition
Notice of non-compliance - Serve notice to judge using templates in this toolkit
Administrative complaint to chief judge - Some courts have internal complaint procedures
Federal court - If state remedies exhausted, consider 42 U.S.C. §1983 (civil rights violation)
Consult attorney - Judicial conduct complaints have serious consequences; attorney can advise

Document everything: Docket sheets showing missing orders, transcripts of hearings, orders showing pattern, notices served, evidence of bias or ex parte contact.

Resource Requirements & Serious Consequences

⚠️ Important Considerations:

Timeline: Investigation takes months to years; no interim relief or guarantee of quick resolution
Confidentiality: Complaints are confidential until formal charges filed (Judiciary Law §44(5))
Judge will know: Judge will be notified and given opportunity to respond; may affect ongoing case
Success rate: Low; Commission dismisses most complaints; discipline requires clear, egregious violations
What this achieves: Formal accountability; potential discipline (admonition, censure, removal); creates record
What this does NOT do: Reverse judge's decisions; remove judge from your case immediately; guarantee new judge; provide damages
Consequences: Filing during case is high-risk; judge may retaliate (consciously or unconsciously); relationship irreparably damaged

Disciplinary Range (from least to most severe):

Dismissal - No misconduct found or insufficient evidence (majority of complaints)
Confidential letter - Informal guidance; no public record
Admonition - Formal discipline; published but relatively minor
Censure - Public discipline; serious misconduct
Removal from office - Most serious; rare; requires egregious violations

Timing Considerations:

During pending case: Highest risk; judge will know; may affect rulings (positively or negatively); complaint may be dismissed as premature
After final judgment but before appeal: Moderate risk; preserves appellate rights; judge still involved if remanded
After appeal concluded: Safest; case fully resolved; no impact on outcome; purely accountability measure

Common Code of Judicial Conduct Violations (22 NYCRR Part 100):

§100.2(A) - Integrity and Impartiality: Bias, prejudice, appearance of impropriety, undermining confidence in judiciary
§100.3(B)(6) - Right to be Heard: Denying hearings, refusing to consider arguments, not allowing parties to present evidence
§100.3(B)(8) - Relevant Information: Refusing to consider relevant evidence or law
§100.3(E)(1) - Disqualification: Failing to recuse when impartiality might reasonably be questioned
§100.3(B)(6) - Ex Parte Communications: Communicating with one party without other party present
§100.4 - Extrajudicial Activities: Improper political activity, using office for personal benefit

Violations That Generally Do NOT Warrant Discipline:

Legal errors (remedy: appeal)
Discretionary case management decisions
Isolated discourtesy or impatience
Rulings you disagree with
Denial of motions or relief
Controlling courtroom (unless violates due process)

Alternatives to Judicial Conduct Complaint:

Appeal: CPLR Article 55; challenge legal errors and abuse of discretion
Article 78 mandamus: CPLR Article 78; compel performance of ministerial duties
Motion for recusal: 22 NYCRR §100.3(E)(1); request judge disqualify self
Administrative complaint: Letter to administrative judge or presiding justice
Federal court: 42 U.S.C. §1983 (civil rights); Younger abstention may apply
Request for reassignment: Some courts allow administrative reassignment

Best practice: Exhaust all other remedies first (appeal, Article 78, recusal motion). File judicial conduct complaint only for pattern of serious misconduct violating core judicial duties, not isolated errors or adverse rulings. Consider timing carefully; filing after case concludes is safer. Document pattern thoroughly with docket sheets, orders, transcripts. Consult attorney about whether conduct rises to level warranting Commission complaint versus other remedies.

[NY] Formal Complaint Pursuant to 22 NYCRR Part 100 (Code of Judicial Conduct)

TO: New York State Commission on Judicial Conduct Corning Tower, Suite 2301 Empire State Plaza Albany, New York 12223 Phone: (518) 453-4600 Email: [Check current contact via nycourts.gov]

FROM: {{Your Name}} {{Address}} {{Email}} {{Phone}}

DATE: {{Date}}

RE: Formal Complaint Against {{Judge Name}}, {{Title}}, {{Court}}

I. COMPLAINANT INFORMATION

Name: {{Your Name}} Role in Case: {{Plaintiff / Defendant / Attorney / Other}} Case Information: {{Caption}}, Index No. {{Number}}, {{Court}} Relationship to Judge: {{Party / Attorney / Member of Public}}

II. JUDGE INFORMATION

Name: {{Hon. [First] [Last]}} Title: {{Justice of Supreme Court / Judge of Family Court / etc.}} Court: {{Supreme Court / Family Court}}, {{County}} County Courthouse: {{Address}}

III. BASIS FOR COMPLAINT

This complaint is filed pursuant to Judiciary Law §44 and alleges violations of the Rules of Judicial Conduct, 22 NYCRR Part 100.

IV. FACTUAL ALLEGATIONS

A. Background

{{Brief description of underlying case and your involvement}}
The conduct at issue occurred between {{date range}}.

B. Specific Instances of Misconduct

[For each instance, provide: Date, What happened, Rule violated, Why it's misconduct]

Instance 1: {{Description - e.g., "Failure to Issue Written Orders"}}

Date: {{Date}}

Facts: {{Detailed description of what judge did or failed to do. Be specific, factual, and chronological. Include exact quotes if available.}}

Rule Violated: 22 NYCRR §100.3(B)(6) - "A judge shall accord to every person who has a legal interest in a proceeding... the right to be heard according to law."

Why This is Misconduct: {{Explanation of how this violates the rule and affected the proceeding}}

Instance 2: {{Description}}

Date: {{Date}}

Facts: {{Description}}

Rule Violated: {{Specific provision}}

Why This is Misconduct: {{Explanation}}

[Continue for each instance]

V. PATTERN OF CONDUCT

{{If applicable, describe pattern showing this is not isolated incident: "The above instances constitute a pattern of conduct spanning [timeframe]. This is not a single error but a systematic refusal to follow procedural law, as evidenced by..."}}

VI. RULES OF JUDICIAL CONDUCT VIOLATED

The complained-of conduct violates the following provisions of 22 NYCRR Part 100:

§100.1 - General Provisions {{If applicable}}

§100.2 - Maintaining Integrity and Impartiality

§100.2(A): "A judge shall... act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary."
- Violated by: {{How}}

§100.3 - Adjudicative Responsibilities

§100.3(B)(6): Right to be heard
- Violated by: {{How}}
§100.3(B)(8): Consideration of relevant information
- Violated by: {{How}}

§100.4 - Extrajudicial Activities {{If applicable - ex parte communications, improper contacts}}

VII. IMPACT ON PROCEEDINGS

The complained-of conduct has caused the following harm:

{{Impact 1 - e.g., "Prevents meaningful appellate review by failing to provide written findings"}}
{{Impact 2 - e.g., "Violates due process rights to notice and hearing"}}
{{Impact 3 - e.g., "Creates appearance of bias and undermines public confidence in judiciary"}}

VIII. EFFORTS TO REMEDY

Prior to this complaint, I made the following good-faith efforts to obtain compliance:

Date	Action	Result
{{Date}}	Procedural enclosure	No response
{{Date}}	Motion to {{action}}	Denied
{{Date}}	{{Other effort}}	{{Result}}

These efforts have been unsuccessful, necessitating this formal complaint.

IX. SUPPORTING DOCUMENTATION

Attached as exhibits:

Exhibit A: {{Court orders showing complained-of conduct}} Exhibit B: {{Procedural enclosures / demands for compliance}} Exhibit C: {{Transcripts (if available)}} Exhibit D: {{Docket sheets}} Exhibit E: {{Correspondence}} Exhibit F: {{Other relevant documents}}

X. RELIEF REQUESTED

I respectfully request that the Commission:

Investigate the complained-of conduct;
Take appropriate disciplinary action consistent with the severity of the violations;
{{If ongoing case: "Order interim relief to ensure compliance with judicial conduct rules pending investigation"}}
Provide written notification of the Commission's determination.

XI. CONFIDENTIALITY AND CONSENT

I understand that:

Complaints are confidential until formal charges are filed (Judiciary Law §44(5))
The Commission may disclose complaint to judge as part of investigation
False complaints may subject complainant to sanctions

I consent to the Commission's investigation of this matter and disclosure of my complaint to the judge.

XII. VERIFICATION

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information, and belief.

Dated: {{Date}}

AUTHORITIES

Judiciary Law:

§44 (Commission on Judicial Conduct - powers and duties)
§44(5) (confidentiality of complaints)

Rules of Judicial Conduct:

22 NYCRR Part 100 (entire)
§100.2(A) (integrity and impartiality)
§100.3(B) (adjudicative responsibilities)

Commission Rules:

22 NYCRR Part 7000 (Rules of Commission on Judicial Conduct)

STRATEGIC CONSIDERATIONS

Timing:

File during case: High risk of retaliation; judge may learn of complaint
File after final judgment: Safer; less impact on outcome
File after appeal: Safest; case resolved

Consequences:

Creates formal accountability record
May result in discipline (admonition, censure, removal)
May affect ongoing proceedings (positively or negatively)
Relationship with judge irreparably damaged

Alternatives:

Appeal procedural errors (CPLR Article 55)
Article 78 mandamus (CPLR Article 78)
Federal court (42 U.S.C. §1983)
Motion for recusal (CPLR §4110-4115)

Use this mechanism only when:

Pattern of misconduct (not isolated error)
Other remedies exhausted or unavailable
Serious violations of judicial conduct
Public interest in accountability outweighs personal risk

Submission: Mail or deliver to Commission address above. Retain copies of all materials submitted. Commission has broad discretion in investigation and disposition.