Procedures for Investigations Conducted by the Judicial Review Council and Authority of the Council to Impose Sanctions

The Council may initiate investigations on its own motion or investigate written complaints filed with it. The Council initially investigates to determine whether or not there is probable cause that judicial misconduct has occurred. The investigation is confidential unless the judicial officer being investigated requests that it be public. The respondent judicial officer has the right to be represented by counsel, to appear before the Council to present evidence on his/her own behalf, and to cross examine witnesses.

If at the conclusion of the investigation the Council determines that the evidence has not established probable cause of judicial misconduct, the complaint is dismissed. If the Council determines that no misconduct has occurred, but that the judicial officer has acted in a manner which creates the appearance of impropriety or constitutes an unfavorable judicial practice, the Council may issue an admonishment to the judicial officer.

If the preliminary investigation indicates that probable cause does exist that the judicial officer is guilty of misconduct, the Council returns charges alleging specific instances of misconduct, and a public hearing is held to determine guilt or innocence of said charges, at which hearing the judicial officer retains the same rights that he/she had at the preliminary hearing.

If after a public hearing the judicial officer is found guilty of misconduct, the Council may impose punishment upon the judicial officer, including public censure, suspension without pay for a period not to exceed one year, or refer the matter to the Supreme Court or the Governor with a recommendation of suspension for more than one year or removal from office.