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TERMS

Effective Date: 1/1/2001

To promote effective disciplinary enforcement in this state and among jurisdictions, the uniform terms set forth below are used.

"Complaint" means information in any form from any source received by the commission which alleges or from which a reasonable inference can be drawn that a judge committed misconduct or is incapacitated and includes disciplinary counsel's written statement of the allegations if there is no written complaint from another person.

"Deferred discipline agreement" means a confidential agreement between the judge and the commission for the judge to undergo treatment, participate in education programs, or take other corrective action that is only available as a response to minor misconduct that can be addressed through treatment or a rehabilitation program.

"Disciplinary counsel" means the lawyer in charge of receiving, screening and investigating complaints, prosecuting formal charges, and performing other duties assigned by the commission.See Rule 4.

"Formal charges" means the document charging the judge with specific acts of misconduct or with a specific incapacity.

"Hearing panel" means the panel of the commission which conducts hearings on formal charges. See Rule 3.

"Incapacity" means a mental or physical condition adversely affecting a judge's ability to perform judicial functions and does not include a disability that does not adversely affect a judge's performance of judicial functions.

"Incapacity inactive status" means non-disciplinary involuntary retirement or removal of a judge from judicial office, with or without pay or retirement benefits, because of mental or physical inability to perform judicial functions.

"Admonition" means a non-public sanction that is imposed on a judge by the commission with the consent of the judge before the filing and service of formal charges and which is available only in cases of minor misconduct, when there is little or no injury to the public, the legal system, or the profession, should a private admonition be imposed.

Effective Date Obsolete Date
01/01/2001 View