1. What is misconduct for judges?
The Code of Judicial Conduct establishes the standards for ethical conduct in South Carolina for all of the judges serving in the uniformed court system. The simple answer is that misconduct results from a violation of Rule 501, of the South Carolina Appellate Court Rules. Click the following links to view the Preamble and Scope of this rule. The full list of rules may be accessed at this link.
2. Is there a form required to initiate a complaint against a judge?
No, just a signed letter that identifies the judge, describes specifically the judge's conduct, and includes your full address and phone number is all that is required.
3. What is misconduct for lawyers?
Lawyer misconduct is governed by the Rules of Professional Conduct, found at Rule 407, of the South Carolina Appellate Court Rules.
4. Is there a form required to initiate a complaint against a lawyer?
No, just a signed letter that identifies the lawyer, describes specifically the lawyer's conduct, and includes your full address and phone number is all that is required.
5. Can I file a complaint by phone or the internet?
No, we can provide additional information if necessary to assist you in the filing of the complaint, but since the complaint must be in writing and signed by the person complaining, we are not able to accept a complaint either on the phone or by e-mail.
6. Will a complaint against a judge or lawyer help my case or have an affect on the outcome of my case?
No, it will not, and in fact, we are not allowed to intervene in any particular case before the courts.
7. Can you give me legal advice about my case or advice about whether something in a particular case is lawyer or judicial misconduct?
We are not allowed to give you legal advice about your case, nor are we allowed to offer you an advisory opinion about whether something is or isn't misconduct. We can assist you in making a complaint, but the only way for us to determine if something is or is not misconduct is to screen and investigate an actual filed .
8. Will I be advised about the status of the complaint once it is filed?
You will be advised about the final disposition of any complaint you file, with either the Commission on Judicial Conduct or the Commission on Lawyer Conduct, but there are no other regular status reports made to the person complaining.