The Courts Commission is the seven-member body that decides on what, if any, discipline to impose for judicial misconduct, once it is charged by the Judicial Inquiry Board.
The commission has the power to:
- Dismiss the complaint
- Reprimand the judge
- Censure the judge
- Suspend the judge for a period of time
- Remove the judge from office
The factors the commission weighs in deciding what if any discipline to impose:
Likely to lead to less severe discipline:
- One-time isolated impropriety or part of a pattern
- The nature, extent and frequency of the impropriety was not severe
- The impropriety occurred outside the courtroom
- The impropriety occurred in the judge’s private life
- The judge acknowledges/recognizes the impropriety
- Evidence the judge is changing his/her conduct
- Does not impact judicial actions
- Past reputation for integrity
- Lack of past complaints about the judge
- The misconduct has little impact on the respect/integrity of the judiciary
- The judge has not exploited his/her position to satisfy personal desires
- Likely to lead to more severe discipline:
- The impropriety was part of a pattern
- The nature, extent and frequency of the impropriety was more severe
- The impropriety involved conduct inside the courtroom
- The impropriety involved actions the judge took in his/her official capacity
- The judge denies any misconduct
- Evidence the judge continues to engage in conduct deemed inappropriate
- Past complaints about the judge
- The misconduct has great impact on the respect/integrity of the judiciary
- The judge has exploited his/her position to satisfy personal desires
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