NCJ Number
53802
Journal
Chicago-Kent Law Review Volume: 54 Issue: 1 Dated: (1977) Pages: 147-175
Date Published
1977
Length
29 pages
Annotation
THESE PROCEDURES FOR JUDICIAL DISCIPLINE ARE INTENDED TO INSURE THAT DUE PROCESS REQUIREMENTS ARE INCORPORATED IN THE OPERATION OF STATE JUDICIAL DISCIPLINARY SYSTEMS.
Abstract
A COMMITTEE OF JUDGES AND ATTORNEYS, DRAWN JOINTLY FROM THE APPELLATE JUDGES' CONFERENCE AND THE STANDING COMMITTEE ON PROFESSIONAL DISCIPLINE OF THE AMERICAN BAR ASSOCIATION, HAS DRAFTED PROPOSED STANDARDS RELATING TO JUDICIAL DISCIPLINE AND DISABILITY. THE STANDARDS ARE INTENDED TO ASSIST STATES THAT DESIRE TO IMPROVE EXISTING JUDICIAL DISCIPLINARY SYSTEMS OR ESTABLISH NEW SYSTEMS. THE FOCUS OF THE ARTICLE IS ON PROCEDURES IN THE STANDARDS THAT PERTAIN TO THE RECEIPT, SCREENING, EVALUATION, INVESTIGATION, PROBABLE CAUSE DETERMINATION, ADJUDICATION, AND DISPOSITION OF JUDICIAL DISCIPLINE COMPLAINTS. ATTENTION IS ALSO GIVEN TO PROCEDURAL ASPECTS OF THE FLEXIBILITY AND ADOPTION OF THE STANDARDS, INTERESTS OF BOTH THE GOVERNMENT AND THE INDIVIDUAL IN DUE PROCESS REQUIREMENTS APPLICABLE TO JUDICIAL DISCIPLINE, CONFIDENTIALITY, AND RIGHT TO COUNSEL. THE RESPONSIBILITY FOR THE DISCIPLINE OF JUDGES IS VESTED IN THE HIGHEST COURT IN MOST STATES, AND THE PROPOSED STANDARDS IMPLEMENT SUCH A SYSTEM. IN THE LIGHT OF INCREASED JUDICIAL DISCIPLINE EXPERIENCE AND THE DEVELOPMENT OF DECISIONAL LAW IN THE AREA, PROCEDURES STIPULATED IN THE STANDARDS SHOULD PERMIT REASONABLE ACCOMMODATION AMONG COMPETING CONSIDERATIONS. PREDICTABILITY, WITH RESPECT TO STANDARDS OF CONDUCT REQUIRED AND THE METHOD BY WHICH THEY ARE ENFORCED, WILL ULTIMATELY ASSURE THE PUBLIC THAT THE JUDICIAL BRANCH OF GOVERNMENT IS MEETING ITS RESPONSIBILITIES IN THE DISCIPLINARY AREA. CASE LAW IS REVIEWED. (DEP)