Abstract
There is a new threat to judicial independence: state judicial conduct commissions. These bodies are charged with holding judges accountable for violations of state ethics rules. But what was intended to be a shield for the public against judicial misconduct has instead been turned into a sword used against judges. As the judiciary has become more politicized, commissions are being overhauled to include more partisan political appointments. Unfounded complaints against judges are easy to file and to make public, despite confidentiality rules. And investigations of complaints may take many months, leaving judges in limbo as to what they can or cannot do while a complaint is pending. All of this combined creates an environment where the mere filing of a commission complaint may be used as a weapon to harass and even silence judges. Without a significant overhaul of commission membership and processes, the independence of state judiciaries, particularly state supreme courts, is at risk.
This Article takes a deep dive into judicial conduct commissions and provides some answers to the following questions: What is the intended purpose and function of state judicial conduct commissions? In what ways are commission membership and the misconduct-investigation processes currently being exploited to achieve what appears to be political gain? Lastly, and most importantly, what types of improvements can states make to prevent the weaponization of commissions against judges while continuing to hold judges accountable for misconduct?
Repository Citation
Rebecca Frank Dallet,
Reining in State Judicial Conduct Commissions,
109 Marq. L. Rev. 899
(2026).
Available at: https://scholarship.law.marquette.edu/mulr/vol109/iss3/3