Standing Committee on Judicial Ethics & Election Practices Process
1. Written complaint received by Committee.
(a) Checked by staff
to ensure that it meets minimum requirements, i.e. a complaint made by a
judge/judicial
candidate against a judge/judicial candidate. Rule 4(2)(a) and Rule
4(2)(b).
(b) Chair or
Executive Director shall immediately contact candidate being complained against
and ascertain
whether allegations are admitted or denied. Rule 4(3)(b).
(i) If admitted, then matter referred to panel for action with
invitation to meeting to offending candidate
to explain his/her actions. Rule 4(3)(b)(i).
(ii) If denied, complaining candidate shall be advised to be
present at meeting and to offer proof of
allegations. Offending candidate is also invited to attend and present
defense. Rule (4)(3)(b)(ii).
2. Panels.
Panels consist of five members (2 attorney,
2 non-attorneys and 1 judge). Rule 4(1).
(a) Chosen by chair on
random basis. Rule 4(1).
(b) Four voting members
constitute quorum and a vote of three is required to take action. Rule
4(1).
3. Resolution of Complaint.
Once decision reached by panel, candidates will be immediately advised of
decision and the intended remedy. [Rule 4(4).] If the panel finds
unfair election practices, remedies could include the following:
(a) Imposing sanctions
including publication of panel's decision. Rule 4(4)(a)(i).
(i) Public statement can be used by aggrieved candidate in future
campaigning. Rule 4(4)(a)(i).
(b) Requiring
offending candidate to publicly apologize to the group where offense was
committed. Rule 4(4)(a)(ii).
(c) Referring candidate
to appropriate professional body for discipline. Rule 4(4)(a)(iii).
(i) Panel's findings can be used in any disciplinary proceeding.
Rule 4(4(a)(iii).
(d) Publicly
responding to any unauthorized public reference to committee by candidate.
Rule 4(4)(a)(iv).
4. Confidentiality.
(a) All meetings are confidential. Rule 4(5).
(b) No statement can be made
regarding pendency of complaint by candidate. Rule 4(3)(b)(iii).
