If a person has a problem with a Magistrate Judge in a small community ,who do you report that judge to?

Question

there's a judge here who is in the practice of doing as he pleases and makes him happy rather than by the law.You would swear he makes laws and rules as he goes along.He put someone I am close to in jail for probation violation even with the probation officer standing in front of him with the paperwork in hand telling him that the person isn't on probation,and this person's lawyer was there too.He (the judge)statedthat he didn't care and didn't want to hear anymore from either one of them and the person is to remain in jail!!The lawyer had to find another judge to get the person out of jail(which was an illegal incarceration).There's alot more this judge has done,but there's not enough allotment on here to tell it all.

Answer 1

In the example you gave, the best approach is to file a writ of habeas corpus, and challenge the incarceration.

However, the judge can also be reported to the state bar (or equivalent in other countries) for violation of the judicial code of conduct. Something like that (assuming your facts are correct) is such a gross violation of office that it would be grounds for removal from office.

The state attorney general (or equivalent) could also be informed.

Answer 2

first of all judges and small town magistrates are voted in by the people, next time don't vote him in. If he were a judge in a middle to large size community then he would belong to the Bar Association of a county and there they would have an Ethics Committee you could report something to, however the bugger is that the judges support the Bar Association (it's like the Better Business Bureau) and so they will stick up for the judge and do nothing.

If that judge were doing something illegal himself, drug use, corruption, etc. and if you were a resident who doesn't care about backlash and you were wealthy and could hire an attorney and a private eye to prove that he wad doing something illegal, then that's the only way you could go up against his authority. Otherwise you have no say so....and the only thing that can be done is to demand for good reason and proof that what was done was incorrect and demand that that judge recuse himself, and then take the next judge that's in line for hearing cases, to hear your case.

So that attorney for your friend handled the matter correctly. Leave the rest lay (walk away from your complaint).