Rule 19 Involuntary Retirement
Rule Text
a. Request for Investigation and Hearing
When, in accordance with ORS 1.310(3), the Secretary of State transmits to the Commission the documents set forth in that section, the Commission shall make the requested investigation and shall initiate formal proceedings as set forth in Rules 7 and 8.
b. Conduct of Proceedings
The proceedings of the Commission shall be conducted in accordance with the provisions of these rules, except that masters shall not be utilized. In addition, the procedures related to temporary disabilities, including reference to the Chief Justice, as set forth in Rule 18 and ORS 1.303, shall not be available.
c. Findings
If a majority of the members of the Commission shall determine that the subject judge is in fact disabled, as defined in ORS 1.310(1)(c), the members shall make and sign written findings of fact upon which the determination is made and transmit them to the Secretary of State. If a majority of the members does not find that the subject judge is disabled, the members shall sign and file with the Secretary of State a written report to that effect, and the proceedings shall then terminate.
d. Appeal of Commission Determination
If the subject judge appeals the determination of the Commission, the Commission shall transmit the official record of the hearing to the Supreme Court.