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Bias Complaint Procedure Pursuant to California Rules of Court, Standard 10.20(d)

(a) General. To preserve the integrity and impartiality of the judicial system, the Court shall:

     1. Ensure fairness. Ensure that courtroom proceedings are conducted in a manner that is fair and impartial to all of the participants.

     2. Refrain from and prohibit biased conduct. In all courtroom proceedings, refrain from engaging in conduct and prohibit others from engaging in conduct that exhibits bias based on age, ancestry, color, ethnicity, gender, gender expression, gender identity, genetic information, marital status, medical condition, military or veteran status, national origin, physical or mental disability, political affiliation, race, religion, sex, sexual orientation, and socioeconomic status, including whether that bias is directed toward counsel, court personnel, witnesses, parties, jurors, or any other participants.

     3. Ensure unbiased decisions. Ensure that all orders, rulings, and decisions are based on the sound exercise of judicial discretion and the balancing of competing rights and interests and are not influenced by stereotypes or biases.

(b) Notice of Concern Procedure. If an individual has a concern about compliance with the mandates set forth above in subsection (a) by the Court or by any courtroom participant, then:

     1. The individual may submit a written Notice of Concern to the Presiding Judge or Court Executive Officer, which identifies all courtroom participants and the specific behavior or conduct occurring in the courtroom of concern.

     2. The intent of the Notice of Concern procedure is to educate all parties with the purpose of ameliorating the concern rather than disciplining the person who is the subject of the notice.

     3. To the extent possible and unless disclosure is required by law, the Court shall protect the confidentiality of the noticing party, the person who is the subject of the notice, and other interested persons.

     4. The focus of this procedure is on incidents of concern:

          A. Bias based on age, ancestry, color, ethnicity, gender, gender expression, gender identity, genetic information, marital status, medical condition, military or veteran status, national origin, physical or mental disability, political affiliation, race, religion, sex, sexual orientation, and socioeconomic status.

          B. Whether that bias is directed toward counsel, court personnel, witnesses, parties, jurors, or any other participants; and

          C. Where the incident does not warrant discipline but requires education and correction.

     5. Courtroom activities constituting legitimate advocacy when matters are concerning age, ancestry, color, ethnicity, gender, gender expression, gender identity, genetic information, marital status, medical condition, military or veteran status, national origin, physical or mental disability, political affiliation, race, religion, sex, sexual orientation, and socioeconomic status which are relevant to issues in the courtroom proceeding are exempt from this Notice of Concern procedure.

(c) Complaint Procedures

     1. With respect to any incident that if substantiated would warrant discipline against a judge, the concerned individual may file a formal complaint with the Commission on Judicial Performance.

     2. Nothing in this procedure in any way shall limit the ability of any person to submit a formal complaint of misconduct regarding any courtroom participant to the Commission on Judicial Performance or the appropriate disciplinary body.

     3. A complaint about a courtroom participant should be sent as follows:

          A. Complaint regarding a Superior Court Judge send TO:

          The Commission on Judicial Performance (CJP)

          455 Golden Gate Avenue, Suite 14400

          San Francisco, California 94102

          Website: https://cjp.ca.gov/file_a_complaint/  

          B. Complaint regarding a Court Commissioner send TO:

          Presiding Judge

          Siskiyou County Superior Court

          411 Fourth Street

          Yreka, California 96097

          C. Complaint regarding a Member of Court Staff or a Court Contractor send TO:

          Court Executive Officer

          Siskiyou County Superior Court

          411 Fourth Street

          Yreka, California 96097

          D. Complaint regarding an Attorney send TO:

          State Bar of California

          100 Howard Street

          San Francisco, California 94105

          Website: www.calbar.ca.gov/Public/Complaints-Claims 

          E. Complaint regarding a Courtroom Bailiff send TO:

          Siskiyou County Sheriff

          Siskiyou County Sheriff’s Office

          305 Butte Street

          Yreka, California 96097

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