Tennessee Administrative Office of the Courts

Court of Judiciary FAQs

I believe a judge has violated the Code of Judicial Conduct. How should I file a complaint?
To file a complaint, fill out a complaint form and send it to the Court of the Judiciary.

What is judicial misconduct?
Judicial misconduct generally is “willful misconduct” that is in violation of the Code of Judicial Conduct. The Code of Judicial Conduct outlines various rules relating to how a judge should conduct himself or herself in the performance of the duties of office. In addition to judicial misconduct, the Court of the Judiciary may also consider any disability, physical or mental, of a judge that substantially interferes with his or her judicial duties

For more information about the judicial offenses the Court of Judiciary oversees, please review TCA 17-5-302.

What are some things that the Court of the Judiciary may not consider?
The Court of the Judiciary is not an appeals court. It does not have the authority to change any rulings of a judge. For example, the Court of the Judiciary may not change rulings relating to domestic relations or child custody matters, change a sentence in a criminal case, or consider whether trial witnesses were believable. A complaint which generally alleges that the judge was unfair or biased is insufficient. A complaint must specifically set forth exactly what the judge did that you believe was unfair or biased.

What will the Court of the Judiciary do with my complaint?
The disciplinary counsel will review your complaint to determine whether or not to investigate it further. If the complaint does not include grounds for judicial misconduct, the disciplinary counsel will dismiss the complaint and notify you and the judge of the dismissal. If your complaint is dismissed, you may request a review by a three-judge investigative panel of the Court of the Judiciary.

If the complaint contains information about a judge that is considered judicial misconduct, the disciplinary counsel will conduct a preliminary investigation. If there is evidence supporting the allegations against a judge, the disciplinary counsel will recommend that the investigative panel authorize a full investigation. If a full investigation is authorized, the judge will be required to respond in writing.

Once the full investigation is completed, the investigative panel may dismiss the case; recommend a disciplinary action, such as a private reprimand or censure, a public reprimand or censure or a deferred discipline agreement; refer the case to another agency, or file formal charges against the judge.

If the panel directs the disciplinary counsel to file formal charges, a full hearing may be held in front of the hearing panel, which consists of all other members of the Court of the Judiciary who were not on the investigative panel. It is only when formal charges are filed that the matter becomes public.

What kinds of disciplinary actions can be imposed?
If the Court of the Judiciary finds that the charges have been established by clear and convincing evidence, it has the power to impose a wide variety of sanctions ranging from a private or public reprimand to recommending removal from office. For more information about possible sanctions, please review TCA 17-5-101.

The judge may appeal the Court of the Judiciary's decision to the Tennessee Supreme Court. The decision of the Supreme Court is final in all cases except where the Court of the Judiciary has recommended removal from office. If the Supreme Court affirms the Court of the Judiciary's recommendation to remove a judge from office, the case must be reviewed by the legislature for a final determination. Judges may only be removed from office with a 2/3 vote of both houses of the legislature.

Does the Court of the Judiciary have jurisdiction to review a judge’s rulings?
No. The Court of the Judiciary is not an appellate court. It does not have authority to review, revise or correct the legal or factual validity of any judge’s decision. Those rulings may be appealed to a higher court and must be pursued through the legal process.

Can I get a judge off my case if I make a complaint against the judge?
No. An allegation of judicial misconduct is not a substitute for recusal procedures. You should seek the advice of your attorney about the procedure for attempting to remove a judge from your case.

Can I delay my case or an appeal until my complaint for judicial misconduct is concluded?
No. You must proceed with whatever remedy is available to you within the court system to correct any judicial errors you believe were committed in your case. Usually you must appeal within 30 days of the date of the decision about which you complain. Your complaint of judicial misconduct is a matter totally separate and independent of your litigation.

How long does it take to resolve a complaint for judicial misconduct?
The Court of the Judiciary meets at the times and places it deems necessary. Final disposition may take several months, depending on the complexity of the matter. You will receive written notice of the final disposition at the appropriate time. The Tennessee Court of the Judiciary has no emergency powers and cannot, under any circumstances, interfere with pending or ongoing litigation. However, the Court may immediately place a judge on suspension if the judge is charged with a felony.

Does the Court of the Judiciary give legal advice?
No. The Court is not authorized to give legal advice to citizens or to represent clients.

Specifically, over what positions does the Court of the Judiciary have jurisdiction?
All Tennessee judges, to include, but not limited to, appellate, trial, general sessions, probate, juvenile, municipal and any other judge sitting on or presiding over any court created by the general assembly or by the express or implied authority of the general assembly. It also has jurisdiction over judicial candidates but does not have jurisdiction over federal judges.

Does the Court of the Judiciary have jurisdiction over attorneys?
No. The Court does not have jurisdiction over attorneys. If you would like to file a complaint against an attorney, please address your complaint to:

Ms. Nancy Jones
Board of Professional Responsibility
10 Cadillac Drive, Suite 220
Brentwood, TN 37027