Rule 7 Investigation and Disposition
Rule Text
a. Preliminary Investigation
The Commission, upon receiving information indicating that a judge’s behavior may come within the purview of Article VII (amended), Section 8, of the Constitution of the State of Oregon, shall make such investigation as it deems necessary to determine whether formal proceedings should be instituted and a hearing held. The Commission may make such investigation on its own motion. In conducting a preliminary investigation under this rule and ORS 1.420, the Commission may, pursuant to ORS 1.415(2), issue any processes necessary to compel the attendance of witnesses and the production of any books, papers, records, or documents as may be required to conduct such preliminary investigation. Such processes shall be issued in such a way as to protect the confidentiality of the proceedings.
b. Inquiry of Judge
(1) The Commission’s investigation may include a written inquiry directed to the subject judge requesting information on the allegations contained in the complaint. The purpose of the inquiry shall be to develop basic information regarding the complaint in order to assist the Commission in evaluating the merits of the complaint. A copy of these rules shall be provided to the judge with the written inquiry.
(2) Prior to the Commission acting under Rule 7(c) or 7(d), the Commission shall make a written inquiry directed to the subject judge giving notice of the allegations the Commission is investigating. The subject judge shall have 30 days from receipt of the written inquiry to submit a written response for the Commission’s consideration if he or she so chooses.
c. Informal Disposition
If the investigation reveals a departure by the judge from the Code of Judicial Conduct which in the opinion of the Commission is not sufficiently serious to warrant a public hearing under Rule 8, the Commission shall inform the judge of the objectionable conduct and of the Commission’s intent to dismiss the complaint under this rule. The subject judge shall have 30 days from receipt of the notice of the Commission’s intent to dismiss under Rule 7(c) to submit a written objection and request for hearing pursuant to ORS 1.420(1)(a).
Any complaint dismissed under Rule 7(c) may be considered by the Commission as competent evidence in any future proceeding regarding the Commission’s recommendations to the Supreme Court concerning the subject judge.
The complainant shall be advised of the action taken by the Commission.
d. Formal Disposition: Notice
If the investigation reveals a departure by the judge from the Code of Judicial Conduct which may warrant censure, suspension or removal, the Commission shall notify the judge of the investigation, the nature of the charges, and the Commission’s intent to issue a formal complaint under Rule 8. Such notification shall be given by certified mail addressed to the judge at his or her office. The judge shall be afforded reasonable opportunity to make a statement in writing explaining, refuting or admitting the alleged misconduct or disability. The judge shall be provided with a copy of the Commission’s rules if such rules have not been provided previously.
e. Stipulation to Discipline
After receipt of formal disposition notice under Rule 7(d), the subject judge may propose for the Commission’s consideration a written proposed stipulation of facts and proposed consent to discipline pursuant to ORS 1.420(1)(c).
f. Dismissal
(1) At any stage in the proceedings, if the investigation discloses that there is not sufficient cause to warrant further proceedings, the case shall be dismissed. If the judge has been notified of the pendency of the complaint, the judge shall be provided notice of the dismissal.
(2) Notwithstanding Rule 7(f)(1), the Commission may reinvestigate alleged misconduct that has been previously disposed of by dismissal based upon the Commission’s consideration of, including but not limited to, the following factors:
a. The quality and nature of new information; b. The nexus between new information and the original information that the commission previously investigated that had led to dismissal; c. The relative seriousness of the alleged misconduct that was the subject of the earlier dismissal; d. The amount of time that has passed since that dismissal; and/or e. Whether the Commission has regained jurisdiction over a former judge or judicial candidate.
g. Notice to Complainant
The complainant shall be notified in writing when the Commission concludes its consideration of the complaint. If the Commission has jurisdiction over the complaint, the notice shall state only that the matter has been concluded. If the Commission does not have jurisdiction, the notice shall so state. When formal proceedings are initiated, the complainant shall receive a copy of the notice of public hearing.
h. Contact Protocol
Prior to the final disposition of a formal complaint, Commission members shall not engage in ex-parte communications regarding the formal complaint with Commission counsel, judges, the subject judge’s counsel, witnesses, members of the public, the media and masters. The permitted exception is communications on behalf of the Commission previously approved by the Commission.