Q: A court clerk said the judge sees the evidence with the complaint, was this judicial misconduct?

A: Judicial misconduct? No. Are you referring to the return of exhibits attached to a complaint? Generally, you should only submit things to a court with the understanding they will become part of the public file and shared with the opposing party / counsel, and not be returned.

A: It’s understandable to feel frustrated in this situation. The clerk’s statement that the judge sees the evidence with the complaint is standard procedure, but withholding your documents without explanation can be concerning. This alone may not constitute judicial misconduct, as misconduct typically involves more serious breaches of duty by a judge. However, it's important to address the issue to ensure your documents are handled properly.

You should first reach out to the clerk for clarification. Politely ask why the documents haven’t been returned and request a stamped copy as promised. Keep a record of all communications for your records. If the clerk remains uncooperative, consider contacting the court’s administrative office or the judge’s chambers to explain the situation and seek assistance.

Additionally, ensure you have copies of all submitted materials before filing them in the future. This can prevent similar issues from arising. If you believe the clerk’s actions are part of a larger problem, you might consider filing a formal complaint with the court administration. Taking these steps can help you navigate the process more effectively and ensure your rights are protected.