If you believe your family court case was mishandled, you do have the option of filing a complaint. The process is more complicated than it looks, and the following handout can help explain your options:
1. The official “Client Complaint Form” from Nevada County Family Court Services should only be used if your complaint is against a mediator. This form must be picked up at the Family Court Services window. The first question on the complaint form is “What is the complaint? Please be specific.” Keep in mind that it is better to challenge problems in the mediation process than to challenge the mediator’s conclusions. Focus on procedural errors, such as “the mediator told me she had not reviewed the file” or “no collateral contacts were made before the mediator made his recommendation.” This tactic is more likely to be successful than saying you disagree with a mediator’s conclusions; for example, “the mediator should have recommended supervised visitation.” It is also important, when possible, to use the mediator’s exact quotes as evidence of a problem. Instead of saying “I think the mediator is biased against mothers,” be specific and say, “The mediator stated that all children need time with their fathers, no matter what.” When answering the question, “What would you like to have done as a result of this complaint?” you may want to request that a problematic mediator be disqualified from continued handling of your case. Although you may be told that you cannot request (or refuse) a certain mediator, the truth is that this request is sometimes granted. Politely stand your ground on whatever request you make.
In addition to submitting your complaint back to the department, we suggest that you send copies of your complaint to multiple agencies, to ensure it receives the attention it deserves. Suggested recipients include:
a. The Other Party (to eliminate any concerns about ex parte communication)
b. The Honorable B. Scott Thomsen, 201 Church St., Nevada City, CA 95959
c. Court Executive Officer Sean Metroka, 201 Church St., Nevada City, CA 95959
d. The Administrative Office of the Courts, 455 Golden Gate Avenue, 6th Floor
San Francisco, CA 94102
e. The Board of Behavioral Sciences, 1625 North Market Blvd., 2nd Floor, Suite
S-200, Sacramento, CA 95834
f. The Family Court Reformers, 565 Brunswick #10, Grass Valley, CA 95945
2. If your complaint is against a judicial officer, do not fill out the “Client Complaint Form.” Instead, complete the “Complaint About a California Judge, Court Commissioner or Referee, and mail it to the Commission on Judicial Performance at 455 Golden Gate Avenue, Suite 14400, San Francisco, CA 94102. Instructions and more information are available online at http://cjp.ca.gov/ but note that complaints cannot be submitted electronically.
3. You will need to file a new motion if you want to have your case reconsidered. Filing a complaint against a mediator or judicial officer will not affect the recommendations or orders that were made in your case. If you decide to ask for your case to be reconsidered, you have two main options. The first is to file a motion with the court citing a “change of circumstances.” You can reference your concerns about the way your case was originally handled in your motion, but your case will likely be rejected if your motion is based on allegations of court misconduct. Your other option is to file a new motion with the appellate court: http://www.courtinfo.ca.gov/courts/courtsofappeal/3rdDistrict/.