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.
IN THE SUPREME COURT OF THE REPUBLIC OF PALAU,
TRIAL DIVISION
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.
IN THE SUPREME COURT OF THE REPUBLIC OF PALAU,
TRIAL DIVISION
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.
_