Judge Misconduct Legal Options
Summary
Judges are generally immune from lawsuits regarding their judicial actions. However, you can file a complaint with the Oregon Commission on Judicial Fitness and Disability and consult a lawyer for potential legal actions against the DOC for neglect. Specific legal advice should be sought from a professional attorney.Full Conversation
My brother, who is an adult in custody of the Oregon DOC, has become mentally incapacitated from the intentional neglect of the DOC to treat his severe schizophrenia.
In *, a trial took place for a sought after transfer from the DOC to the state hospital by my brothers attorney. The judicial judge handling the case told my brothers attorney that he didn't have the power to grant that transfer & that only a federal judge has the power to grant the sought after transfer.
A couple of days ago, while reading the Oregon laws regarding transfers of DOC inmates from DOC to the state hospital, I learned that under Oregon law, ANY judicial judge has the authority to over ride the Oregon DOC and order the DOC to transfer a person who has become incapacitated, who cannot care for himself to the state hospital.
The judge flat out lied about his duties as a judge & because of his lying, my brother has been sitting in the DOC for the last *.* yrs without receiving ANY form of treatment for his schizophrenia, while his mental state has continued to deteriorate even more with each passing day.
CAN I SUE THIS JUDGE FOR MISCONDUCT??
IF NOT, WHAT CAN I DO?
Hello ****, I'm sorry to hear about your brother's situation. Generally, judges are immune from lawsuits regarding their judicial actions. However, you can:
- File a complaint with the Oregon Commission on Judicial Fitness and Disability
- Consult a lawyer for potential legal actions against the DOC for neglect
Please note this is general advice and specific legal advice should be sought from a professional attorney.