Rule 9 Jurisdiction and Grounds for Discipline

(a) The Commission shall have jurisdiction over the conduct of all judges and standing masters

as defined herein, including part-time judges, and those retired district judges that may be

called to hear cases as provided by § 19-5-103, MCA. Jurisdiction of the Commission also

extends to conduct that occurred while a judge is in office, or acting as a retired judge, and

may include conduct that is not in connection with judicial duties.

(b) Grounds for discipline or removal include, but are not limited to:

(1) Any disability that seriously interferes with the performance of the officer’s duty

and is or may become permanent.

(2) Willful and persistent failure to perform judicial duties, including consistent failure

to make decisions in a timely manner.

(3) Willful misconduct in office.

(4) Impropriety or other conduct prejudicial to the administration of justice that brings

the judicial office into disrepute, or impropriety.

(5) Habitual intemperance.

(6) Ex parte communications except as allowed by statute or rule.

(7) Violation of the provisions of the Code of Judicial Conduct adopted by the Montana

Supreme Court.

(c) The Commission may impose, or recommend to the Supreme Court, the following, by

written order, with copies provided to the interested parties, and with any portion under

seal if the Commission determines such is necessary to protect the privacy of matters

related to the health or family members of the judicial officer:

(1) Admonition: A private communication from the Commission to a judge reminding

the judge of ethical responsibilities and giving a warning to avoid future misconduct

or inappropriate practices. An admonition may be used to give authoritative advice

and encouragement, to suggest or require other informal corrective actions or

education, or to express disapproval of behavior that suggests the appearance of

impropriety even though it meets minimum standards of judicial conduct.

(2) Private Reprimand: A private communication from the Commission to a judge that

declares the judge’s conduct unacceptable under one of the grounds for judicial

discipline but not so serious as to merit a public sanction.

(3) Public Reprimand: A public reprimand administered by the Supreme Court, upon

report and recommendation of the Commission, which declares a judge’s conduct

unacceptable under one of the grounds for judicial discipline but not so serious as

to warrant a censure.

(4) Censure: A public declaration by the Supreme Court that a judge is guilty of

misconduct that does not require suspension or removal from office. Censure may

be ordered in conjunction with other sanctions.

(5) Suspension: A decision by the Supreme Court to suspend a judge from office

temporarily, with or without pay, for serious misconduct that merits more than

censure but less than removal. This sanction is flexible, and there are no restrictions

on the length of a suspension.

(6) Removal: A decision by the Supreme Court to remove a judge from office for

serious misconduct.

(7) Permanent Removal: A decision by the Supreme Court to remove a judge

permanently from office for serious misconduct and declares that such person may

never again hold a judicial office in the State of Montana.

(8) Retirement: A decision by the Supreme Court to retire a judge for a disability that

seriously interferes with the performance of judicial duties that is or is likely to

become permanent.