What is not judicial misconduct?
“Wrong” decisions by a judge are not misconduct, even if those decisions appear to fly in the face of the evidence or appear to be based upon “perjured” testimony, and even if the judge misapplies the law. Appeal may be the only remedy for such a situation, or there may be no remedy. Granting of custody or visitation, or setting child support are generally decisions within the discretion of the trial court. Any fine or sentence imposed by a judge in a traffic or criminal matter, if it is within the parameters set by law for the offense charged, is not usually a matter for Commission consideration.
