Comm. R. IX Voting and Polls.

Each Commission member present at a meeting of the Commission should vote in favor of or in opposition to each motion called for a vote during a Commission meeting or other proceeding, except when such member has grounds for recusal and has actually recused herself or himself in the matter. Abstention from voting should only be exercised in exceptional circumstances, such as when a new member commences service and a vote is called upon a matter not reviewed by the new member.

The Chair shall vote on all matters submitted to the Commission in the same manner as any other Commission member. A vote of a majority of the seated members of the Commission is required to issue closure letters and letters of reminders, cautions and admonishments, using procedures consistent with Supreme Court Rule XXIII, Section 3.

There shall be no voting by proxy by any Commission member. Except as set forth in paragraph immediately following, a Commission member who was not present either in person or by teleconference at a meeting where a particular issue was discussed or heard shall not be entitled to vote on that particular issue or matter previously submitted for review where the vote is taken at a subsequent meeting.

In the case where a Commission hearing is convened and the term of a Commission member expires or otherwise terminates prior to deliberation and vote on the matters heard, the successor to the outgoing Commission member may vote on such matters only if such successor member has read in full the transcript of the relevant hearing. Further, in the case of a hearing or other appearance of a judge or judicial officer where a full transcript of the proceeding is prepared, a Commission member who is not present at the hearing or other appearance may vote on the matter after reviewing the entire transcript.

Except as set forth hereinafter, routine business of the Commission, including authorization of an investigation requiring approval of the members, may be transacted by a video conference, telephone, or other poll of the seated members, with a mojority of seated members agreeing on a course of action. No notice of hearing shall be instituted except upon deliberation at a Commission meeting. If a judge has been indicted or charged with a serious crime under state or federal law, the Commission may vote by video conference, telephone, or other poll, with at least a majority of seated members concurring, on the issue of whether to recommend to the Supreme Court that such judge be disqualified on an interim basis, pursuant to La. Sup. Ct. Rule XXIII, Sec. 27. A serious crime, for purposes of this rule means (1) any felony; or (2) any other lesser crime that reflects adversely on the judge’s honesty, trustworthiness, or fitness as judge.

Following a decision to issue a notice of hearing, drafts of the notice of hearing shall be circulated to the members, who shall indicate a vote of approval or disapproval by mail or any other means approved by at least a majority of seated members of the Commission.

Note: See also Rule XXIII of the Rules of the Supreme Court of Louisiana, including Sections 3(c) and 10, which address voting by the Commission.