complaints against an attorney, judge, or justice instructions: if you believe you have a complaint against an attorney, a judge or a justic

COMPLAINTS AGAINST AN ATTORNEY, JUDGE, OR JUSTICE Instructions:
If you believe you have a complaint against an attorney, a judge or a
justice, you may bring the complaint, without paying a filing fee, to
the Chief Justice of the Palau Supreme Court. The Palau Supreme Court
has promulgated two sets of rules for attorneys and judges. The Disciplinary
Rules & Procedures govern behaviors of attorneys and trial counselors
who practice law in Palau, and the Code of Judicial Conduct applies to
all judges of Palau. The Rules and the Code are available on the Court’s
website.
Please select the proper form for Attorney or Judicial Grievance. Please
type or print legibly. Be sure to:
1. Attach any documents you feel support your complaint. For instance,
you could attach court documents or other notes or records. DO NOT SUBMIT
ORIGINAL COPIES as they will not be returned to you.
2. Complete this form and sign and date it. Please mail your form and
supporting documents to Chambers of the Chief Justice, Palau Supreme Court,
P.O. Box 248, Koror, Palau 96940. Or, you may hand deliver everything
to
the Chief Justice’s Chamber at the Palau Supreme Court in Koror.
Following is a brief summary of what to expect in each type of grievance
proceeding.
Complaints Against an Attorney
The Chief Justice receives the complaint. He may dismiss the complaint
if it is plainly without merit, or he may appoint a Disciplinary Counsel
to investigate the complaint and prosecute it before a Disciplinary Tribunal
. The Disciplinary Counsel will notify the subject attorney of the
substance of the complaint and allow him or her to submit evidence.
The Disciplinary Counsel will conduct an investigation. The Disciplinary
Counsel and/or the subject attorney or his or her counsel may contact
you and want to speak with you regarding your complaint. The Disciplinary
Counsel shall submit to the Disciplinary Tribunal within 30 days a report
of his findings and recommendations.
The Rules contain provisions for what happens when a complaint is filed
against an attorney who has an action pending before the Trial
Division or Appellate Division. You do not need to wait until your action
is over to bring your grievance. Once the Disciplinary Tribunal receives
the Disciplinary Counsel’s report, the Tribunal has seven days to decide
what action to take. The Tribunal may schedule a hearing. The hearing
is closed to the public unless the attorney requests otherwise. You may
be called to testify at the hearing. The Tribunal then has 20 days to
render its decision. The Tribunal’s decision is final, and it is a
public document.
Complaints Against a Judge or Justice
Once you file the appropriate documents, the Chief Justice will acknowledge
receipt of your complaint, tell the subject judge, and conduct a preliminary
investigation. The Chief Justice may contact you and want to speak
with you about your complaint. Following the investigation, the Chief
Justice may dismiss the complaint if certain circumstances apply. If further
action is warranted, the Chief Justice will appoint a Judicial
Disciplinary Counsel to prosecute the complaint before the Judicial
Disciplinary Tribunal.
If the Tribunal determines that a hearing is necessary, the Tribunal shall
direct the Judicial Disciplinary Counsel to file a complaint and serve
a copy of the complaint to the subject judge, who must answer within
20 days. You may be asked to testify at the hearing. The Tribunal then
has 20 days to issue its decision, unless it informs the parties of
the reasons for the delay. The Tribunal may impose sanctions and its decision
is final.
Attorney Grievance
Name: Phone: _ Address: P.O. Box:
Attorney’s Name:
Attorney Contact Information (Phone/Address):
.
Did you hire this attorney? If so, when? _ Did you sign a fee contract
with this attorney? _ What was your understanding of the fee
contract?_
Please attach a copy of the fee agreement if you have one.
Did the attorney represent you in court? If so, in which case? _
Does the attorney still represent you?



Explain in detail the facts of your complaint, including
dates. Please describe the attorney’s conduct that you believe to be unethical.
Attach any additional paper as necessary.

Judicial Grievance
Name: Phone: _ Address:
P.O. Box:
Judge’s Name:
Was the Judge assigned to your case? .
What was the case name and number?
Explain in detail the facts of your complaint,
including dates. Please describe the Judge’s conduct that you believe
to be unethical. Attach any additional paper as necessary.




_

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