Rule 28 Emergency Interim Suspension

(a) Suspension Based on General Public Harm by Petition. Incident to an investigation or a formal proceeding conducted pursuant to these rules, the Investigator may, upon a determination that the continued service of a Subject Judge is causing immediate and substantial public harm and an erosion of public confidence to the orderly administration of justice, and the Subject Judge’s conduct appears to be violative of the NMI Code of Judicial Conduct or the NMI Constitution, petition the Supreme Court for injunctive or other appropriate interim relief, including temporary suspension of the Subject Judge with pay.

(b) Suspension Based on Criminal Prosecution. Without the necessity of disciplinary action or a petition, the Supreme Court may immediately place a judge on interim suspension, with pay, upon notice of the filing of an indictment, information, or complaint in any jurisdiction charging the judge with a “serious crime.” A “serious crime” is:

(1) any felony;

(2) a lesser crime that reflects adversely on the judge’s honesty, trustworthiness, or fitness as a judge in other respects; or

(3) any crime a necessary element of which, as determined by the statutory or common law definition of the crime, involves interference with the administration of justice, false swearing, misrepresentation, fraud, deceit, bribery, extortion, misappropriation, theft, or an attempt, conspiracy, or solicitation of another to commit a “serious crime.”

(c) Suspension Based on Other Misconduct. Upon receipt of sufficient evidence demonstrating that a judge poses a substantial threat of serious harm to the public or to the administration of justice, the Supreme Court may suspend the judge, with pay, pending a final determination in any proceeding under these rules.

(d) Suspension from Participation in Supreme Court and Superior Court Cases. Without the necessity of disciplinary action or a petition, the Supreme Court may immediately remove any judge from sitting pro tempore as a Supreme Court Justice or Superior Court Judge.

(e) Motion for Reconsideration of Interim Suspension. A suspended judge may apply to the Supreme Court for reconsideration of the suspension order within fourteen (14) days.

(f) Effect of Suspension on Disciplinary Proceeding. Interim suspension of a judge shall not preclude action by the Investigator or the Supreme Court on the same conduct that was the basis for the criminal charge. Acquittal, dismissal, or conviction of the criminal charge shall not preclude proceedings by the Supreme Court on the conduct that was the basis for the charge.