What action should a clerk take if they suspect a judge has violated the Code of Judicial Conduct and the violation raises a substantial question as to the judge's fitness?

• A. Inform the State Commission on Judicial Conduct or take other appropriate action.
• B. Publicly admonish the judge in court.
• C. Ignore it.
• D. File a civil lawsuit.

Answer: (A)

When someone in the judiciary system suspects ethical violations by a judge and those concerns raise a substantial question about the judge’s fitness, the appropriate step is to notify the proper ethics oversight body so the matter can be investigated through formal procedures. The State Commission on Judicial Conduct (or its equivalent) is the authority charged with reviewing allegations, gathering facts, and determining whether disciplinary action is warranted. This preserves due process, maintains confidentiality as required during investigations, and ensures that any action taken is fair and legally grounded.

Publicly admonishing the judge in court falls outside the clerk’s authority and would bypass the established disciplinary process. Ignoring the concern is inappropriate because it could allow unethical behavior to continue. Filing a civil lawsuit isn’t the right vehicle for addressing judicial misconduct; such issues are handled through the commission’s investigative and disciplinary processes, not through private litigation.