Opinion 24-74

May 9, 2024

Facts/Issue:    The inquiring judge received a letter from an incarcerated person accusing correctional facility staff of abuse.  The individual was a witness in a proceeding before the judge.  It seems that the judge considers the allegations serious and would like to report them.  The judge asks if he/she must report the allegations and, if so, to whom.

Discussion:     The Rules Governing Judicial Conduct do not require judges to investigate allegations of misconduct; they also do not require judges to report alleged misconduct by individuals who are neither attorneys nor judges.  Moreover, judges generally have wide discretion to act or not act when they have no direct or independent knowledge of alleged misconduct.

                      Thus, if this judge concludes the allegations are serious and credible, and wishes to report them to an agency or official with authority to investigate or otherwise act on them, the judge may do so.  The judge may exercise his/her discretion about where to make the report.

Conclusion:     A judge need not take any action with respect to a letter from an inmate accusing correctional officers of abuse.  It is within the judge’s sole discretion to report, or not report, the allegations to any authorities as the judge deems appropriate under the circumstances.

Authorities:    Opinions 18-136; 16-25; 07-144; 06-13; 03-110.