Can you get a commissioner disbarred for unfair rulings or negligence in a case? If so, how do you proceed?
3 attorney answers
To get the decision overturned, you have to appeal. In Washington, there are three appellate court divisions. Spokane Superior Court, if that is where your case was heard, appeals to Division Three Court of Appeals. You can also try and petition directly to the Washington State Supreme Court if the criteria for direct review can be established.
In Washington State, you can submit a complaint about a judicial officer to the Judicial Conduct Commission for investigation, but this does not preserve your rights to overturn a specific case, and investigation may be deferred until any appeals and trial court litigation have been completed.
You can appeal any erroneous rulings. That is all. No administrative complaint about the commissioner's decisions or acts in the course of the court's business will be investigated. That would compromise judicial independence and constitute a denial of due process to the beneficiary of the questioned rulings. Appellate courts are there for a reason, and where there is appeal jurisdiction you cannot opt out of that process in favor one you like better. Trial not fair? Ruling not based on the law? APPEAL.
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Complain to the Presiding Judge of the courthouse.
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