D.C. Mun. Regs. tit. 28, r. 28-2010

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 28-2010 - INVESTIGATIONS

2010.1

The Commission may investigate to determine whether a proceeding should be instituted on charges of misconduct, failure to perform judicial duties, or disability, upon receiving information regarding the following by complaint or otherwise:

(a) That a judge may have been guilty of willful misconduct in office or willful and persistent failure to perform his or her judicial duties; or

(b) That a judge engaged in other conduct prejudicial to the administration of justice or which brings the judicial office into disrepute; or

(c) That a judge may have a mental or physical disability (including habitual intemperance) which is or is likely to become permanent and which prevents, or seriously interferes with, the proper performance of his or her judicial duties.

2010.2

The investigation may be carried out in a manner that the Commission deems appropriate, including the taking of evidence at Commission meetings or by deposition.

2010.3

(a) A respondent judge shall cooperate with the Commission in the course of its investigation and shall, within such reasonable time as the Commission may require, respond to any inquiry concerning the conduct of the judge, whether the questioned conduct occurred during the course of a concluded case or matter, a pending case or matter or in an extrajudicial context. The failure or refusal of the judge to respond may be considered a failure to cooperate.

(b) The failure or refusal of a judge to cooperate in an investigation, or the use of dilatory practices, frivolous or unfounded responses or argument, or other uncooperative behavior may be considered a violation of Canon 1 of the Code of Judicial Conduct and, therefore, an independent ground for disciplinary action.

2010.4

After investigation, if the Commission determines that a proceeding should not be instituted, the Commission shall so inform the judge if he or she was previously informed of the pendency of the complaint by either the complainant or the Commission and shall give notice to the complainant either that there is insufficient cause to proceed or that the complaint poses a legal issue over which the Commission has no jurisdiction, as appropriate.

D.C. Mun. Regs. tit. 28, r. 28-2010

: Final Rulemaking published at 24 DCR 9391, 9400 (May 5, 1978); Final Rulemaking published at 37 DCR 6032, 6036 (September 14, 1990); and Final Rulemaking published at 39 DCR 9333, 9337 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); amended by Final Rulemaking published at 64 DCR 6302 (7/7/2017); amended by Final Rulemaking published at 66 DCR 12406 (9/20/2019); amended by Final Rulemaking published at 71 DCR 3224 (3/22/2024); amended by Final Rulemaking published at 71 DCR 9641 (8/2/2024)