Page 11 - Rules Governing Judicial Misconduct

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(b) Receipt of untimely petition
. The Clerk will refuse to accept a petition that is received after the deadline set forth in
Rule 6(a).
(c) Receipt of timely petition not in proper form.
Upon receipt of a petition filed within the time allowed but not in
proper formunder these Rules (including a document that is ambiguous about whether a petition for review is intended),
the Clerk will acknowledge receipt of the petition, call the petitioner's attention to the deficiencies, and give the
petitioner the opportunity to correct the deficiencies not later than fifteen days after the date of the Clerk's letter or the
original deadline for filing the petition, whichever is later. If the deficiencies are corrected within the time allowed,
the Clerk will proceed in accordance with subsection (a) of this Rule. If the deficiencies are not corrected, the Clerk
will reject the petition.
(a) Written ballot.
Each member of the judicial council to whom a ballot was provided (except for the Chief Judge) will
return a signed ballot, or otherwise communicate the member's vote, to the Clerk of the Court. The ballot will provide
opportunities to vote to (1) deny the petition, (2) place the petition on the agenda of a meeting of the judicial council
for discussion, or (3) grant the petition and place the complaint before the judicial council (which may include referral
to a special committee (see the last sentence of this subsection)). The ballot will also provide an opportunity for
members to indicate that they have disqualified themselves from participating in consideration of the petition.
Except as otherwise provided in this subsection, votes will be tabulated when all members of the judicial council to
whom ballots were provided have either voted or indicated that they are disqualified. After 20 days have elapsed from
the date that the petition and related materials were provided to members of the judicial council, votes may be tabulated
if they have been cast by at least two-thirds of the members to whom ballots were provided. Members who have
disqualified themselves will be treated for this purpose as if ballots had not been provided to them.
If a majority of the votes cast are for denial of the petition, the Chief Judge's order will be affirmed, except as provided
in the next sentence of this subsection and in subsection (g). If any of the members votes to place the petition on the
agenda of a judicial council meeting or if any of the members (but less than a majority) votes to grant the petition, the
petition will be placed on the agenda of a judicial council meeting. If a majority of the votes cast are to grant the
petition, the complaint will be referred to a special committee (see Chapter IV of these Rules).
(b) Availability of documents.
Upon request, the Clerk will make available to any member of the judicial council or to
the judge complained about any document from the files that was not sent to the judicial council members pursuant to
Rule 7(a).
(c) Vote at meeting of judicial council.
If a petition is placed on the agenda of a meeting of the judicial council for a
discussion, judicial council action to grant or deny the petition may, subject to subsection (g), be taken by a majority
of the members present and voting (except that the Chief Judge will not vote on the petition). Unless a majority votes
to grant the petition, it will be denied, except as provided in subsection (g).
(d) Rights of judge complained about.
(1) At any time after the filing of a petition for review by a complainant, the judge
complained about may file a written response with the Clerk. The Clerk will promptly distribute copies of the response
to each member of the judicial council who is not disqualified, to the Chief Judge (if not disqualified), and to the
complainant. The judge complained about may not communicate with judicial council members individually about the
matter, either orally or in writing.
(2) The judge complained about will be provided with copies of any communications that may be addressed to the
members of the judicial council by the complainant.
(e) Notice of judicial council decision.
(1) The order stating the decision of the judicial council, together with any
accompanying memorandum in support of the order, will be provided by personal delivery, or certified or registered
mail, with return receipt, to the complainant and the judge complained about.
(2) If the decision is unfavorable to the complainant, the complainant will be notified that the law provides for no