Who monitors court proceeding to make sure their is no misconduct in the courtroom?
I really want to know... you know, the way internal affairs reviews the police. I just keep seeing a judge let a Da constantly get her way in the courtroom and everyone just raises their eyebrows and shake their heads in disbelief. who watches to make sure things are as fair as possible?
Answers:
There are judicial reviews for judges but most attorneys do not report judges for their decisions or conduct in court.
Only because the particular judge may end up staying on the bench and the attorneys may have to face him or her again.
Unless the judge is make an error in applying the law, then his decisions can be challenged by a higher court.
On the other hand what an attorney can due it try to have his case moved to another court in front of a new judge.
It is very difficult.
the judge should be the main person to keep order that is why his seat sits so high up
No one other than the participants in the proceeding...there is no monitor or overseer for in-court proceedings. It is up to counsel (for the State and for the defense) to make motions or objections, but that usually is with regard to the opposing side, and never the judge. There are many who feel that judges are too powerful and not accountable enough, so the sense of unfairness that you are getting is well placed. The system can be very unfair because no-one but higher court judges have control over the conduct of the judges themselves.
The judge, so if it is the Judge acting like a jerk..there really is no one to call him out on it.
The judge is entirely responsible for his/her courtroom and they are the ones who control the order. If you have a problem you need to contact the law society. I would be very hesitant of telling a judge how to run their court though, you may not get a very good reception. Even though people may raise their eyebrows, I'm sure this is not the first case the judge has heard. perhaps the judge is very tolerant to a point.
All the other answers are right, but you do have a state agency that disciplines judges and investigates every complaint against a judge. In my state, that agency is called the "Judicial Standards Commission." I have no idea how aggressive they are in your state. In my state they have disciplined or removed 11 judges in 2007. If you can find the right agency for your state, they will investigate and the investigation is confidential. To find the agency that disciplines judges in your state, call your state bar office. If you know any attorneys, ask them for the name of the correct agency for your state.
Whomever is being wronged or slighted can make a complaint to the Law Society (at least that is what we call it in Canada) who will investigate complaints about private practice and legal aid lawyers, judges and prosecutors. Here they are a provincial governing body who investigates and sets the rules of conduct for the professional legal practice.
But no, there aren't law society spies that hang out in courtrooms to make sure every thing is Kosher (are you still allowed to say Kosher, if not, I do not mean it with any ill intent.) Just like internal affairs investigates the police when a complaint is made.
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