Complaints Against Judges
What is a complaint?
It is a request made by an individual to investigate the conduct of a Judicial Branch officer or of a judge of the Court of First Instance or the Court of Appeals for conduct that is unethical or is contrary to Judicial Branch administrative policies.
How do you file a complaint against a judge?
A person who wishes to file a complaint against a judge of the Court of First Instance or of the Court of Appeals must submit an affidavit with the following information:
- The complainant’s full name, mailing address, and telephone number.
- The name of the judge against whom the complaint is made and the court where such judge works. If you do not have this information, provide enough information to identify the judge.
- A brief summary of the conduct or events leading to the complaint, including the date and location where the issue occurred.
- Names of any witnesses and any information or documents that may support your complaint.
A complaint may be filed against a judge anonymously as long as enough information is provided to assess the situation. The Judicial Branch also provides a Complaint Form (“Formulario de Queja”, OAT 1741), which the complainant may fill out and use to file a complaint against a judge. This form is available at the Office of the Clerk of the Court where you may swear the oath required for the complaint.
It is important to note that filing a complaint does not change, alter, or vacate a judicial decision made by a judge, nor does it automatically result in recusing or disqualifying the judge or in the reassignment of the case to another courtroom. The handling of complaints against judges of the Court of First Instance and the Court of Appeals is governed by the Rules of Judicial Discipline, as amended. Under these provisions, a disciplinary investigation may be conducted only if the complaint alleges that the judge has violated the law, the Canons of Judicial Ethics, the Code of Professional Ethics, or other applicable administrative rules and regulations, or that the judge has acted in a manner that constitutes gross negligence or professional inability or incapacity to perform their judicial duties.
On the other hand, if you possess information that you consider may be useful for the evaluation of a judge, you may also submit such information confidentially to the executive director of the Judicial Evaluation Commission via email or regular mail. The Judicial Evaluation Commission is the official body of the Judicial Branch that, along with the Governor’s Advisory Committee for Judicial and Executive Appointments, constitute the system for the evaluation of judges, justices, and judicial candidates.
Where are complaints filed?
Complaints may be filed with the Office of Legal Affairs, located at the Office of Court Administration:
- In person, at:
268 Muñoz Rivera Avenue
San Juan, PR
- By mail to:
PO Box 190917
San Juan, PR 00919-0917
- By email, if the oath is included with the complaint, to asuntoslegales@poderjudicial.pr
Complaints against judges may also be sworn and filed at no cost, at the Office of the Clerk of the Court at the different judicial centers, the Court of Appeals, or the Supreme Court.
How and when will the complainant know the outcome of the complaint?
Complaints are handled confidentially. Once the process ends, the complainant will be notified of the outcome.
Where can I get more information?
For more information, please call the Office of Legal Affairs at (787) 641-6600, ext. 5806. This office is the Judicial Branch unit that, among other functions, handles and investigates complaints filed against Judicial Branch officers. You may also contact the Judicial Evaluation Commission at (787) 641-6600, exts. 5886 and 5888.