Handling the Complaints

Initial Review

ODC receives many complaints of misconduct and has a staff of lawyers whose task is to review and investigate the complaints. ODC is committed to resolve all complaints in a fair and independent manner. ODC is not part of the judiciary and is not obliged to protect judges and prosecutors. In fact, ODC’s task is to ensure that judges and prosecutors are held accountable if they breach the public’s trust or harm the judicial system by engaging in conduct that is inconsistent with their minimal standards of ethical and professional standards.

When a complaint of misconduct is received by ODC, an initial review of the complaint is made. If our review shows that there is a reasonable basis to believe that the judge or prosecutor may have committed a disciplinary offence, a detailed and thorough investigation of the facts and circumstances will be conducted.
Investigation

In most cases, ODC is not able to thoroughly, fairly and independently evaluate and decide the merits of a complaint on the basis of your assertions alone. An investigation involves obtaining all relevant documentation, as well as conducting interviews with people who have information about your claim(s), including possibly yourself, and interviewing the named judge or prosecutor. We need to hear both parties, and evaluate all of the evidence before making a final determination as to whether or not the complaint is justified.
Post investigation

When all of the relevant pieces of information have been obtained, one of three things will occur:

1) In serious and urgent cases, a request may be lodged with the Council for immediate suspension of the judge or prosecutor. The suspension of a judge or prosecutor may be ordered for any period, not to exceed the date of the finalization of the disciplinary proceedings that formed the basis of the suspension;

2) If the investigation shows that there is evidence to substantiate and prove your claim(s) of misconduct against the judge or prosecutor, ODC will (i) seek the judge or prosecutor’s resignation from office; (ii) offer to enter into an agreement with the judge or prosecutor for a final resolution and disposition of the disciplinary matter; or, (iii) initiate disciplinary proceedings by filing a Disciplinary Complaint with the Council;

3) If the investigation proves that your complaint is unfounded or cannot be substantiated and proven, ODC will not take disciplinary action against the judge or prosecutor.
Potential Outcomes and How Long Does It Take?

A Disciplinary Panel composed of members of the Council makes the final decision on all disciplinary matters taken by ODC against judges and prosecutors before the Council.

Following ODC’s receipt of a complaint of misconduct, the review, investigation, ODC’s evaluation and determination, and subsequent disciplinary proceedings could take anywhere from a few months to a year’s time to complete. Exactly how long depends upon a number of factors, including length of the investigation, complexity of the case, number of witnesses to be interviewed, scheduling of various hearings before the Council as required by Law, etc. However, ODC is committed to carrying out its official duties independently, in a fair and impartial manner, and within a reasonable period of time.

You should be aware that individuals who knowingly make and lodge false or frivolous complaints of misconduct against a judge or prosecutor may be subject to criminal charges as provided for under law.

NOTE: PLEASE DO NOT CONTACT ODC. ODC WILL CONTACT YOU (1) IF WE REQUIRE FURTHER OR ADDITIONAL INFORMATION FROM YOU; OR, (2) WHEN THE OUTCOME OF YOUR COMPLAINT IS CONCLUDED BASED ON OUR REVIEW AND EVALUATION.