Rule 18 Disability of a Judge
Rule Text
a. Complaint of Disability
Upon receiving a complaint indicating that a judge may have a disability, the Commission shall notify the Chief Justice of the Oregon Supreme Court.
b. Preliminary Investigation
Upon receiving a complaint pursuant to ORS 1.425(1) indicating that a judge has a disability, the Commission shall make such investigation as it deems necessary to determine the appropriate disposition of the complaint.
c. Referral to Chief Justice for Informal Disposition
If the investigation reveals that the judge has a temporary disability, the Commission shall refer the complaint to the Chief Justice of the Supreme Court for consideration of informal disposition under ORS 1.303.
d. Formal Proceedings
If the investigation reveals that the judge may have a permanent disability, then the Commission may proceed as provided under ORS 1.420 and Rule 8 of these rules.
e. Temporary Disability
When the Chief Justice refers a complaint concerning the temporary disability of a judge which has been the subject of proceedings under ORS 1.303, the Commission may hold a hearing to inquire into the alleged disability, or request the Supreme Court to appoint three qualified persons to act as masters, to hold a hearing and maintain a record on the matter referred to them and report to the Commission on the alleged disability. The hearing shall not be open to the public unless the subject judge requests a public hearing. The testimony and evidence given and received in the hearing shall not be public records. The subject judge shall have the right to be present at such hearing, to be represented by counsel, to present testimony and evidence, and to cross-examine witnesses. Except as otherwise provided herein, the hearing shall be conducted in accordance with the procedures for a formal proceeding under Rules 8 to 13.
f. Physical and Mental Health Examination
When a judge is charged with having a temporary or permanent disability, the Commission may direct that a subject judge, prior to a hearing, submit to a physical examination by one, two or three physicians licensed to practice in this state and appointed by the Commission to conduct the examination, or submit to a mental evaluation by one, two or three physicians, psychologists or other mental health professionals licensed to practice in this state and appointed by the Commission to conduct the evaluation, or submit to both that examination and evaluation. The persons appointed to conduct the examination or evaluation shall report thereon to the Commission. A copy of any report to the Commission shall be provided by the Commission to the subject judge. The cost of the examination, evaluation and reporting shall be paid by the Commission.
g. Failure to Take Examination
If a subject judge directed to submit to an examination or evaluation fails to do so, the judge may not present as evidence in the proceeding the results of any medical examination of the judge done at the instance of the judge, and the Commission or masters may consider the failure of the judge to submit to examination or evaluation as evidence that the judge has a disability.
h. Disposition: Temporary Disability
If, after hearing or after considering the record and report of the masters, the Commission finds that the subject judge has a temporary disability, the Commission may:
(1) enter into a disposition of the matter with the subject judge, which may include:
(A) agreement by the judge to obtain professional counseling, medical treatment or other assistance or to comply with other conditions with respect to the future conduct of the judge;
(B) supervision of compliance by the judge; and
(C) if the judge fails to answer, investigation and hearing as provided in subsection d of this rule and, if appropriate, action by the Commission as provided in paragraph (2) of this subsection.
(2) If the Commission also finds that the conduct of the subject judge justifies suspension, the Commission shall recommend to the Supreme Court that the judge be suspended without loss of salary for a period not exceeding one year.
i. Procedure for Considering Violations of Code and Alleged Disability
When a complaint and investigation reveals that a judge has violated the Code of Judicial Conduct and may also have a disability, the Commission may:
(1) bifurcate the allegations and proceed separately under Rules 8 and 18, respectively; or
(2) stay further disciplinary proceedings until the disability proceeding is concluded.