Chapter 9 - Judicial Conduct and Professionalism

EOIR regularly monitors the performance and conduct of its adjudicators, though it recognizes that there may be situations where an adjudicator’s conduct falls short of the adjudicator’s professional obligations and EOIR’s professional expectations of its adjudicators. In those situations, EOIR has established a process for reviewing complaints of adjudicator misconduct—commonly called the “Judicial Complaint Process” (JCP)—and responding appropriately. EOIR maintains a well-established Judicial Conduct and Professionalism Unit (JCPU) to manage the JCP.

EOIR takes all credible, substantive complaints against adjudicators seriously, investigates them thoroughly, and takes corrective or disciplinary action if appropriate. However, EOIR does not tolerate baseless or frivolous claims, nor does it consider disagreements with the merits of a decision to be a valid complaint of adjudicator misconduct. It also does not tolerate the weaponization of the JCP.  

EOIR expects both its adjudicators and the parties who appear before them to comport themselves with professionalism and integrity. It expects adjudicators to act in a neutral and detached manner, to be faithful to the law and to maintain professional competence in it, to treat both parties fairly, and to refrain from giving preferential treatment to any organization or individual when adjudicating cases. It also expects parties and stakeholders to raise legitimate concerns about conduct, rather than simply make ad hominem attacks against adjudicators or express disagreement with the outcomes of particular cases. Mutual respect and professionalism between adjudicators and parties is vital for ensuring that EOIR continues to successfully fulfill its mission.

For more information on EOIR’s process for addressing complaints of judicial misconduct by its adjudicators, please visit Policy Memorandum 26-03, Judicial Conduct and Professionalism.