Office of Administrative Trials and Hearings



		Filing a Complaint The following describes the process for filing a complaint against a City administrative law judge. Who can file a complaint? Where can I file a complaint? How do I file a complaint? What form should the complaint be in? What happens to my complaint once it is filed? How do I learn the outcome of my complaint? Who can file a complaint? Section 106 of the Rules of Conduct for Administrative Law Judges and Hearing Officers permits any person who believes that a City administrative law judge or hearing officer has violated the Rules to file a complaint. Back to top of page. Where can I file a complaint? You may file a complaint against the judge or hearing officer with any of the following: Office of the Administrative Justice Coordinator Chief Judge of the Office of Administrative Trials and Hearings (OATH) Head of the tribunal at which the subject judge or hearing officer serves, if appropriate. Please note that wherever you file your complaint, it may be shared amongst all of the above. Important: Please be reminded that a complaint filed under the Rules of Conduct is a complaint of an ethical violation by a judge or hearing officer in his or her conduct on or off the bench. If your complaint is only that you disagree with the decision that the judge reached or the reasoning that he or she used, you may have remedies in the form of an appeal of the case. To find out whether you can appeal your case and/or how to file such an appeal, please contact the tribunal at which your case was heard. Back to top of page. How do I file a complaint? A complaint filed with the Administrative Justice Coordinator or the Chief Judge at OATH may be filed as follows: By Email: The preferred method of filing a complaint is by email. The email can be sent either to: Chief Judge Roberto Velez at the Office of Administrative Trials and Hearings (OATH) at chiefjudge@oath.nyc.gov or to Administrative Justice Coordinator David Goldin at dgoldin@cityhall.nyc.gov By Letter: You may mail a written complaint in letter form to either Chief Judge Roberto Velez New York City Office of Administrative Trials and Hearings 40 Rector Street, 6th Floor New York, New York 10006, or to Administrative Justice Coordinator David Goldin Office of the Administrative Justice Coordinator One Centre Street, Room 1012N New York, New York 10007 By Telephone: You may register an initial complaint by telephone, although you will be asked to submit additional information about your complaint in writing. To register a complaint by telephone, please call: Frank Ng, Director of the Administrative Judicial Institute, at 212-442-4941; or Joanna Weiss, Counsel to the Administrative Justice Coordinator, at 212-788-8412. A complaint filed with the head of a tribunal at which the subject administrative law judge is employed, may be filed by going to the tribunal's website, calling 311, or contacting the tribunal directly. Back to top of page. What form should the complaint be in? There is no specific form required for filing a complaint but at a minimum, your email, letter or telephone call should provide the following information: Your name and contact information The name of the judge being complained about The tribunal for which the judge works and the location of that tribunal The place and date(s) on which the alleged violation occurred A specific description of how you believe the judge violated the Rules of Conduct; if you are able to provide the specific provision of the Rules that you believe was violated, please do so but that is not required to file a complaint. Back to top of page. What happens to my complaint once it is filed? Once you file a complaint against an administrative law judge or hearing officer, and regardless of which method you use or where you first lodge the complaint, the complaint is logged in at the Administrative Judicial Institute at OATH and assigned a number. Receipt of your complaint will be acknowledged with that assigned number. The judge who is the subject of the complaint will also be notified that a complaint has been filed. Complaints filed initially with the Administrative Justice Coordinator and the Chief Judge, will be referred to the head of the tribunal where the subject judge serves, unless the complaint is about the tribunal head in which case the complaint will be referred to the head of the agency in which the tribunal is located. Complaints about the head of a tribunal not located within an agency may be referred, as appropriate, to the Office of the Mayor. Complaints will also be referred as appropriate to the Conflict of Interests Board and/or to the Department of Investigation. Back to top of page. How do I learn the outcome of my complaint? Under the Rules, the tribunal head must report back to the Administrative Justice Coordinator and to the Chief Judge any action taken on the complaint. To find out what happened to your complaint, you may call Frank Ng, at the Administrative Judicial Institute at OATH at 212-442-4941, or contact the tribunal where the subject City administrative law judge serves. Back to top of page.

Filing a Complaint