Rule 2-211. Compliance with the Code of Judicial Administration and the Code of Judicial Conduct.

Intent:

To establish the authority of the presiding officer, the Management Committee and the Council to take corrective action in the event of non-compliance with this Code or the Code of Judicial Conduct.

Applicability:

This rule shall apply to judicial and quasi-judicial officers.

Statement of the Rule:

(1) Allegations of failure to comply with the provisions of this Code and the Code of Judicial Conduct may be submitted to the presiding officer of the Council by Council members, the chairs of the Boards, presiding judges, the court administrator or the Judicial Conduct Commission.

(2) The presiding officer of the Council, in consultation with the Management Committee, has the discretion to dismiss the allegations, investigate the allegations, take appropriate corrective action or submit the matter to the Council for consideration. Where corrective action is taken, the presiding officer shall report to the Council in executive session the nature of the problem and the corrective action taken. Information which identifies the individual against whom corrective action is taken may be omitted from the report.

(3) The Council shall convene in executive session to review those allegations of non-compliance submitted by the presiding officer pursuant to paragraph (2) and, upon a majority vote, direct dismissal of the allegations, investigation of the allegations, corrective action or referral to the Judicial Conduct Commission. Allegations of non-compliance shall be referred to the Conduct Commission only after consideration by the Council and upon a majority vote of its members.

(4) The presiding officer of the Council is empowered to implement any corrective action recommended by the executive management committee or the Council.