Rule 16 Commission Vote and Recommendation
Rule Text
a. Commission Vote
If, after consideration of the evidence presented at a public hearing or the report of the masters, the Commission finds violations by clear and convincing evidence, it shall recommend to the Supreme Court the discipline of the judge. Discipline may be in the form of censure, suspension or removal of a judge. A recommendation for discipline shall be adopted only upon the affirmative vote of five members of the Commission. Five members need not be unanimous in their recommendation of the form of discipline. If the Commission finds no violations and recommends dismissal, it shall forward its recommendation to the Supreme Court.
b. Certification of Commission Recommendations to Supreme Court
Upon making a determination recommending the discipline or removal of a judge, the Commission shall promptly file a copy of the findings of fact, conclusions of law and recommendation certified by the chairperson of the Commission, together with the transcript of the proceedings consisting of the pleadings, exhibits and testimony, with the clerk of the Supreme Court and shall promptly mail to the judge and attorneys of record notice of such filing, together with a copy of such findings, conclusions and recommendation.
c. Review of Commission Proceedings
Subject to such rules as may be adopted by the Supreme Court, a petition to the Supreme Court to modify or reject the recommendations of the Commission for discipline of a judge may be filed by the judge pursuant to ORS 1.430.
d. Record of Commission Proceedings
The Commission shall keep a record of all formal proceedings concerning a judge, including all documents filed with the Supreme Court in accordance with this rule.