March 1, 2005 |
2005-R-0279 | |
JUDICIAL REVIEW COUNCIL-NOMINEES | ||
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By: George Coppolo, Chief Attorney | ||
You asked for questions for nominees for the Judicial Review Council.
AGENCY DUTIES AND POWERS
The Judicial Review Council investigates complaints against judges, workers’ compensation commissioners, and family support magistrates and makes recommendations regarding their reappointment and, in the case of judges, appointment to a different court. The council can admonish, censure, or suspend any of them for up to one year or recommend to the Supreme Court a longer suspension or removal from office.
Judges, commissioners, and magistrates can be disciplined for, among other things, prejudicial conduct, violation of ethics and financial rules, neglect or incompetence, failure to perform duties, conviction of a crime involving moral turpitude, or temperament adverse to justice.
The council consists of 12 regular members and 13 alternates appointed by the governor with the General Assembly’s approval. The 12 regular members are three judges, three attorneys, and six people who are neither. The alternates consist of judges, attorneys, and other people who serve when a regular council member is disqualified and compensation commission and family support magistrate members to serve when the council is considering complaints against commissioners or magistrates.
The council must investigate complaints and, if it finds probable cause, hold hearings. Its proceedings are, for the most part, confidential unless the subject of the investigation wants them public. But if the council finds probable cause and holds a hearing, it must be public. The accused official has a number of due process rights such as legal representation and the ability to present evidence and confront witnesses.
QUESTIONS FOR JUDICIAL COUNCIL APPOINTEES
1. What qualifications do you believe a Judicial Review Council member should possess?
2. How has your background prepared you for this position?
3. What is the primary reason you want to be part of this council?
4. Do lay members of the council differ from attorney or judge members in the way they approach their responsibilities? If so, how?
5. Why is it important to have lay members on the council?
6. Has the council been effective? What would you do to improve it?
7. The statutes provide for the removal, suspension, or censure of judges, magistrates, or commissioners whose temperament adversely affects the “orderly carriage of justice. ” What type of temperament would you consider this to be?
8. The statutes provide for removal, suspension, or censure of judges for incompetent performance of judicial duties. What type of evidence would you look at to determine whether a judge’s performance was incompetent?
9. Do you believe that removal, suspension, censure, and private admonishment provide the council with an adequate array of sanctions?
10. Do you believe that frequent demeaning references to minorities, members of religious minorities, or women should be grounds for action? What would the appropriate action be?
11. How would you handle a complaint that a judge, magistrate, or commissioner had a substance abuse problem?
12. Do you believe the investigative process should be more open to the public or more protective of the rights of the accused?
13. How would you balance the conflicting beliefs of the public’s right to know versus the right of judicial confidentiality?
14. In your opinion, to what extent does the personal life of a judge, commissioner, or magistrate affect his ability to adequately perform his duties? Would it be appropriate to sanction a judge for something based on his personal life, whether or not it affected his official duties?
15. Do you think ordinary citizens know enough about the Judicial Review Council’s existence and duties to be able to effectively bring complaints? If not, do you have suggestions?
16. How would you go about determining whether a judge legitimately used the contempt power to control the courtroom or whether he or she has unfairly abused a defendant or an attorney?
17. In addition to considering complaints from others, the council can initiate its own investigations against these officials. Under what circumstances should the council initiate investigations?
18. Under what circumstances should the council withhold its recommendation for appointment or reappointment?
GC: ts