Legal Question in Civil Rights Law in South Dakota
Judge misconduct
A motion for recusal was filed against a Judge May 19th.
A motion to show cause and motion for a new hearing were filed and the Judge will not acknowledge the motions.
The Court refuses to consider the recusal.
A complaint was filed against the same judge with the judicial qualifications commission. The commission notified the Judge of the complaint and wanted a response from him for his conduct. The Judge has broken the law, broken the code of judicial conduct and civil rights violations.
The Judge had 10 days to reply and did not.
June 18th the Judge issued an order to show cause for child support against the person that filed the complaint.
As the Judge is under investigation by the Judicial Qualifications Commission and has a motion for recusal for misconduct filed against him can the Judge still issue orders against the person who filed the complaint?
1 Answer from Attorneys
Re: Judge misconduct
Get a lawyer. This one requires that you go above the judge's head and it's not easily done by a lay person.
You CAN do it, it's just that the judge is openly hostile, and is apparently ignoring orders from his superiors. You may have the makings of a federal claim [which hopefully will take it out of local political control], since the judge is apparently operating outside of his authority.
You need a lawyer who is not afraid to take the judge on, head to head. The bar should be able to give you a confidential referral to a lawyer with expertise in judicial ethics violations. Definitely complain to the state bar and your state attorney general, but get a lawyer first.
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