After considering the evidence obtained during the investigation of a complaint, if the complaint cannot be disposed of through dismissal, Agreed Disposition, or a Rule 13 submission, the members of the CJC must then vote whether to proceed to the next level of charging, which is a Statement of Allegations. If the CJC votes to proceed to a Statement of Allegations, a Statement of Allegations is prepared which describes the evidence of misconduct and alleged violations of the Code of Judicial Conduct. The Statement of Allegation is then sent to the judge. The judge then has twenty-one days in which to respond in writing and to request an appearance before the CJC. The judge may be accompanied by counsel.
After the twenty-one days allowed for a judge's response to the Statement of Allegations, and after the judge's appearance, if any, the members of the CJC can vote to dispose of the matter by dismissing the complaint, by issuing Formal Charges, or by proposing to the judge that the complaint be disposed of in one of the following three ways:
(1) Informal Adjustment;
(2) Private Reprimand; or
(3) Direct submission to the Supreme Judicial Court under Commission Rule 13.
When Formal Charges are issued, they are sent to the judge, who has ten days to respond. After reviewing the judge's response, if the CJC decides to continue with the formal proceedings, it files the Formal Charges and the judge's response with the Supreme Judicial Court and both documents become public.
Hearing
When Formal Charges are filed with the Supreme Judicial Court, the CJC requests that the Supreme Judicial Court appoint a Hearing Officer. The CJC then schedules a hearing, which is open to the public.
The rules of evidence applicable to civil proceedings in Massachusetts apply at the hearing. The CJC has the burden of proving the charges by clear and convincing evidence.
Within thirty days after the conclusion of the hearing, the Hearing Officer submits a report to the CJC containing proposed findings and recommendations.
CJC Recommendations
Within ninety days of receiving the Hearing Officer's report, the CJC must submit its own report and recommendations to the Supreme Judicial Court. Before the CJC does so, the judge and the complainant have the right to be heard regarding the CJC's recommendation for discipline. That hearing is open to the public; however, the CJC deliberations which follow are closed. The CJC's conclusions and recommendations may differ from those of the Hearing Officer.
Disposition
The Supreme Judicial Court may adopt the CJC's recommendations concerning discipline or impose greater or lesser discipline. The CJC's authority to dispose of a complaint is limited to dismissal or Agreed Disposition. The CJC does not have the power to impose disciplinary sanctions without the consent of the judge; only the Supreme Judicial Court has that power. The CJC may recommend that the Supreme Judicial Court impose a greater variety of sanctions upon a judge than is available to the CJC, including public censure.
Neither the CJC nor the Supreme Judicial Court has the power to remove a judge from the bench. The Legislature must act in order to remove a judge for misconduct. The Governor and Governor's Council may retire a judge for mental or physical disability, before the mandatory retirement age of seventy. The complainant and the judge are notified of the final disposition of a complaint.