Rule 5 - Temporary suspension(1) Without recourse to the Board, the Supreme Court may suspend a judge from acting in any judicial capacity, without loss of compensation, when there is pending an indictment or information charging the judge with a crime punishable under the laws of the United States or any state, as a felony, or as a misdemeanor which adversely affects the judge's ability to perform the duties of office, or when the Board has recommended suspension for misconduct or disability while review is pending in the Supreme Court.(2) The Supreme Court shall suspend a judge from acting in any judicial capacity, without compensation, when a judge is found guilty of a crime punishable under the laws of the United States or any state, as a felony, or as a misdemeanor which adversely affects the judge's ability to perform the duties of office. If the judgment of conviction is reversed, suspension terminates and the judge shall be paid his or her compensation for the period of suspension. If a judge is temporarily suspended and the judgment of conviction becomes final, the Supreme Court shall suspend the judge for the remainder of the term of office, without compensation. (3) The Supreme Court shall suspend a judge from acting in any judicial capacity, without loss of compensation, when the judge claims that a physical or mental disability prevents assisting in the preparation of the defense to a formal charge. (4) Without recourse to the Board, the Supreme Court may suspend temporarily a judge from acting in any judicial capacity, when the judge's physical or mental disability prevents the judge from fulfilling the duties of the office. The Court may base its order upon the consent of the judge, the judge's acceptance of disability insurance payments, reports from one or more physicians, or such other stipulations, documents or evidence as it deems appropriate. The suspension shall be without compensation for such periods as the judge receives disability insurance payments. (5) Upon the recommendation of the Board, or on its own motion, the Supreme Court may suspend a judge, without loss of compensation, based upon sufficient evidence that the judge poses a substantial threat of serious harm to the public or to the administration of justice, pending final determination of any proceeding under these rules. (6) The Administrative Judge for Trial Courts may suspend a judge pending an investigation of misconduct. The suspension shall terminate within 30 days of the effective date of the suspension unless a complaint is filed with the Board, and shall terminate within 60 days of the filing of the complaint unless the Supreme Court, upon the recommendation of the Board or on its own motion, orders the suspension to remain in effect pending final disposition of the complaint. Vt. Disc. Control of Judges R. 5
Adopted Feb. 17, 1978, eff. 3/1/1978; amended 9/22/1986, eff. 9/22/1986; 9/17/2001, eff. 1/1/2002; 12/21/2010, eff. 2/21/2011.