Judicial Standards Commission Rules

Summary

These rules govern the organization, confidentiality, jurisdiction, investigations, complaints, formal proceedings, hearings, and disciplinary recommendations of the Montana Judicial Standards Commission. They apply to proceedings concerning judicial misconduct or disability and establish procedures for sanctions including reprimand, censure, suspension, removal, and retirement.

Holdings

1. The Procedural Rules of the Judicial Standards Commission govern the Commission's functions, responsibilities, and proceedings concerning the discipline, retirement, suspension, censure, reprimand, or removal of judges, subject to the Montana Constitution and applicable Montana statutes.
2. In a formal disciplinary hearing, the Commission's appointed attorney bears the burden of proof, and alleged misconduct or incapacity must be established by clear and convincing evidence.
3. Commission papers and proceedings remain confidential while pending, subject to the exceptions stated in the rules, including dismissal of a complaint, filing of a formal proceeding with the Supreme Court, and invocation of specified statutory procedures.

Questions Presented

1. Whether the Procedural Rules of the Judicial Standards Commission should be approved and filed.
2. What procedures govern complaints, investigations, formal disciplinary proceedings, hearings, confidentiality, and sanctions before the Judicial Standards Commission.

Disposition

approved