What is the test for a judge to be found guilty of wilful misconduct?

California, United States of America


The following excerpt is from Fletcher v. Commission on Judicial Performance, 19 Cal.4th 865, 81 Cal.Rptr.2d 58, 968 P.2d 958 (Cal. 1998):

As we recently explained, willful misconduct requires a finding by clear and convincing evidence that the judge acted in bad faith. "A judge acts in bad faith only by (1) performing a judicial act for a corrupt purpose (which is any purpose other than the faithful discharge of judicial duties), or (2) performing a judicial act with knowledge that the act is beyond the judge's lawful judicial power, or (3) performing a judicial act that exceeds the [19 Cal.4th 922] judge's lawful power with a conscious disregard for the limits of the judge's authority." (Broadman v. Commission on Judicial Performance (1998) 18 Cal.4th 1079, 1092, 77 Cal.Rptr.2d 408, 959 P.2d 715.)

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