The complainant alleged his settlement agreement was obtained under duress. This is a legal issue, and only a court may decide the matter.

20160016 - The complainant alleged his settlement agreement was obtained under duress. This is a legal issue, and only a court may decide the matter. In the context of the complaint, no information was provided to support the allegation. The complainant submitted only a select few pages of the transcript which showed a clear indication that the complainant agreed to the settlement. A Settlement Conference is voluntary, and a party may step down at any time if in disagreement. If an agreement is reached and a consent order is issued, it is up to the party who alleges duress to prove it. If a party perceives that the other party is acting in bad faith, it is the responsibility of that party to raise the issue or to step down from the conference. It is for the parties to present their position, fully and completely. Having reviewed the complaint, the Executive Director found that it did not raise any issue of conduct on the part of the judge and does not warrant further consideration by the Council.