Tuesday, October 28, 2008
The Ohio Supreme Court has proposed new rules for judicial misconduct proceedings. The changes are summarized on the court's web page:
The Supreme Court of Ohio will accept public comment until Dec. 31 on proposed changes for how to handle grievances against Supreme Court Justices.
The most significant change to Gov. Jud. R. II would provide for the appointment of trial court judges, by the Chief Justice of the Courts of Appeals Judges Association, to conduct hearings on formal allegations of misconduct by Supreme Court Justices. As outlined in the rule, the Chief Justice of the association would designate at least 10 trial court judges each year to be appointed to serve on a three-member hearing panel. If the rule is adopted, this would be the first time trial court judges would be involved in the process.
The proposed amendments are based in part on recommendations from a 2006 report by a Court of Appeals Judges Association ad hoc committee. The proposed amendments also:
- Eliminate conflicts of interest that arise from a judge’s service on multiple review panels related to the same alleged misconduct.
- Reduce the number of appellate judges from 13 to seven that would review a hearing panel’s report.
- Limit the role of the Chief Justice of the association to the performance of ministerial functions.
- Provide clearer standards governing the review of grievances and formal complaints.
- Provide procedural clarity and uniformity throughout the rule.
- Place time limits on investigations of misconduct.
The link to the proposals may be found here.
Nevada has proposed amendments to its Code of Judicial Conduct. (Mike Frisch)