For SCJC use only

STATE COMMISSION ON JUDICIAL CONDUCT

PO Box 12265

Austin, TX 78711-2265

www.scjc.texas.gov Tel. (512) 463-5533 · Toll Free: (877) 228-5750

SWORN COMPLAINT FORM

Complaints will NOT be accepted by email, fax, or online.

Note: Please be sure to fill out each section completely. Do not leave any section blank. If you do not know the answer, write “I don’t know.” If the question is not applicable, write “Not Applicable” or “NA.” Deficient complaints will be returned.

 

Section 1

Identity of Complainant

Your Name: ${Defendant_First} ${member_last} Mailing Address: ${member_address}                                  City, State Zip: ${member_city}, ${defendant_state} ${member_zip}

 

Date of Birth: ${member_dob}

 

Your Phones: Day ${member_phone}

 

Email  Address:  ${member_email}

Section 2

Identity of Respondent Judge

Judge: ${judge} Court Number: ${court_Number}

City and County: ${issuing_agency_city},  ${county}

Section 3

Identity of Attorney(s) Involved

Were / are you pro se (represent yourself)?   represented by counsel?

Comment:

Your Attorney: ${defense_attn} Address: ${defense_attn_add} City/Zip:  ${def_attn_city}, ${defendant_state} ${def_attn_zip}            Phone Number:                                                              Email Address: ${def_attn_email

Opposing  Attorney: ${prosecutor_first} ${prosecutor_last} Address: $}{prosecutor_address} City/Zip:    ${prosecutor_city}, ${prosecutor_state} ${prosecutor_zip} Phone Number:                                                               Email Address:   ${prosecutor_email}

Previous Attorney(s)

Name(s) and Contact Information:

Section 4

Nature of Complaint

If your complaint involves a court case (i.e., criminal, small claims, civil, family law, traffic, probate, etc.), answer the following questions:

  1. Name of court: ${jurisdiction_name}
  2. Case Number: ${member_case_no}
  3. Title of suit (for example, State v. Jones or Jones v. Jones):
  4. If you are not a party to this suit, what is your connection with it? Explain briefly.

Section 5

Identity of Witnesses

Name(s) and Contact Information

What did they witness? (Focus on the judge’s conduct, not rulings.)

You may continue on separate sheets of paper if not enough room.

 

 

 

 

 

 

 

 

 

 

Section 6

Details of Complaint

Please Tell the Commission what the judge did that you believe to be misconduct. Please focus on the judge’s conduct, and not the judge’s rulings. (Rarely is a judge’s ruling subject to discipline by the Commission.) If more space is needed, attach additional sheets, but please limit your complaint to no more than 20 pages. Your complaint should be as specific as possible.

Date(s) of Alleged Misconduct of Judge:

Factual Details of your complaint against the Judge:

You may continue on separate sheets of paper if not enough room.

 

 

 

Section 6 (continued)

Factual Details of your complaint against the Judge (continued):

 

 

Section 7

Confidentiality

* I understand that as part of the Commission's investigation the judge may be provided a copy of this complaint. *

Please note - the Commission will do its best to maintain your confidentiality, however, it may not be possible for the Commission to pursue an investigation if you request that your identity be kept confidential from the judge. Even if we do not contact the judge during the course of our investigation, there is a risk that one or more of the witnesses contacted by our agency will disclose the investigation and your identity to the judge.

 

I request that my identity be kept confidential.   Yes No

Section 8

Additional Instructions Affidavit

The State Commission on Judicial Conduct requires that complainants file a sworn complaint. The affidavits are attached.

Two types of affidavits (choose one):

  1. Affidavit Based on Personal Knowledge - (Complete this affidavit if the misconduct alleged is within your direct personal knowledge.)
  2. Affidavit Based on Information and Belief - (Complete this affidavit if the misconduct alleged is not within your direct personal knowledge but is based on reasonable belief.) This can include misconduct that you did not directly witness.

*** Failure to complete and submit an affidavit will cause your complaint to be noncompliant and returned. ***

Submission of supporting documents:

  • In order for the Commission to comply with the statutory deadlines, additional information/documentation that you would like to include as part of your complaint submission should be received in this office within thirty

(30) days after submission of your complaint. Please limit your additional information and/or evidence to twenty- five (25) pages.

  • Please note that submission of documents/evidence in support of the underlying matter in litigation, (e.g., employment records, medical records, etc.) is seldom helpful and is discouraged. (In fact, submission of irrelevant material can actually slow down the investigation of your complaint.)
  • Instead of submitting voluminous information, it is recommended that you detail, in your complaint, the information you possess that is available upon request.
  • If you wish to supplement your complaint, please reference the material with your CJC number (that will be provided to you) so that it is routed to the accurate file.
  • Please focus your complaint on supporting information on the judge’s conduct instead of the judge’s rulings.

 

If you are submitting documents, please provide copies, not originals. Originals will not be returned.

Anonymous Submissions:

Anonymous submissions will be presented to the Commission which has the discretion to initiate a complaint based on the anonymous report.

 

 

Section 9

Affidavit Based on Personal Knowledge - (Complete this affidavit if the misconduct alleged is within your direct personal knowledge.)

Please completely fill out this form.

*** Failure to complete this form properly will cause your complaint to be noncompliant and returned. ***

 

 

I,  ${Defendant_First} ${member_last}  , Complainant, swear that I  have knowledge of the facts alleged in this complaint. I declare that the foregoing is true and correct and that the information contained in this complaint is true and correct.

 

 

 

 

Signature of Complainant (Declarant)

 

Please complete EITHER the notary section OR the Unsworn Declaration section.

 

 

 

NOTARY SECTION

 

 

 

 

 

 

 

AFFIX NOTARY STAMP/SEAL ABOVE

 

Sworn to and subscribed before me, by the said , this the day of , 20 _, to certify which, witness my hand and seal of office.

 

 

Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath

 

  OR

UNSWORN DECLARATION SECTION

 

My name is _${Defendant_First} ${member_last} and my date of birth is ${member_dob}

 

My address is ${member_address} ${member_city} TX   

(STREET) (CITY) (STATE)     (ZIP) (COUNTRY)

 

Executed in County, State of , on the                                of , of 20

 

 

Signature of Complainant (Declarant)

 

 

 

Section 10

Affidavit Based on Information and Belief - (Complete this affidavit if the misconduct alleged is not within your direct personal knowledge but is based on reasonable belief.)

Please completely fill out this form.

*** Failure to complete this form properly will cause your complaint to be noncompliant and returned. ***

 

I,   ${Defendant_First} ${member_last} , Complainant, swear or affirm that I have knowledge of the facts alleged in this complaint. I swear that I have reason to believe and do believe that misconduct alleged in this complaint has occurred. The source of my information and believe is (state below):

 

 

 

 

 

 

 

 

 

Signature of Complainant (Declarant)

 

Please complete EITHER the notary section OR the Unsworn Declaration section.

 

 

NOTARY SECTION

 

 

 

 

 

 

 

AFFIX NOTARY STAMP/SEAL ABOVE

 

Sworn to and subscribed before me, by the said , this the day of , 20 , to certify which, witness my hand and seal of office.

 

 

Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath

 

  OR

UNSWORN DECLARATION SECTION

 

My name is _${Defendant_First} ${member_last} and my date of birth is ${member_dob}

My address is ${member_address}    

(STREET) (CITY) (STATE)     (ZIP) (COUNTRY)

 

Executed in County, State of , on the                                of , of 20

 

 

Signature of Complainant (Declarant)