Rule 2 Definitions
Rule Text
In these rules, unless the context or subject matter otherwise requires:
a. “Chairperson” means the member of the Commission selected to serve as the acting chairperson.
b. “Commission” means the Commission on Judicial Fitness and Disability.
c. “Counsel” means the lawyer designated by the Commission to gather and present evidence before the masters or Commission with respect to the charges against a judge and to represent the Commission before the Supreme Court in connection with any proceedings before said court.
d. “Disability” means a physical or mental condition of a judge, including, but not limited to, impairment derived in whole or in part from habitual or excessive use of intoxicants, drugs, or controlled substances, that significantly interferes with the capacity of the judge to perform judicial duties. A disability may be permanent or temporary.
e. “Judge” means a judge of any court of this state, excluding municipal court judges.
f. “Judicial candidate” means any person, including a sitting judge, who is seeking to be selected for judicial office by election or appointment. A person becomes a candidate for judicial office as soon as the person makes a public announcement of candidacy, declares or files as a candidate with the Secretary of State or files an application for appointment with the Governor, and for as long as the position for which election or appointment is sought remains unfilled.
g. “Mail” and “mailed” include ordinary mail and personal delivery.
h. “Masters” means special masters appointed by the Supreme Court upon request of the Commission.
i. “Presiding Master” means the master so designated by the Supreme Court or, in the absence of such designation, the justice or judge first named in the order appointing masters.
j. “Presiding Officer” means the member selected by the Commission to preside over disciplinary proceedings and shall be one of the judges currently serving on the Commission.
k. “Proceedings” means all phases of consideration of a complaint by the Commission or its staff including receipt, investigation, and discussion at Commission meetings and public meetings.
l. “Shall” is mandatory and “may” is permissive.