Ordinary Dismissal or Dismissal with an Expression of Concern
If the [Massachusetts Commission on Judicial Conduct, or CJC] finds, after investigation of a complaint, that there is no evidence of judicial misconduct, the members of the CJC may vote to dismiss the complaint.
If the CJC finds, after investigation of a complaint, that there is no evidence of judicial misconduct or the judge's conduct does not warrant discipline, the CJC may choose to include an "expression of concern" in its dismissal letter to the judge. This is meant to be helpful advice to a judge to assist him or her to avoid any future violation of the Code of Judicial Conduct.
Agreed Disposition
If the CJC finds that a judge has committed judicial misconduct, under appropriate circumstances, it may propose to a judge that the complaint be resolved through an Agreed Disposition.
An Agreed Disposition may take the form of an Informal Adjustment in which the CJC informs or admonishes the judge that certain conduct is or may be cause for discipline. Another form of Agreed Disposition is a Private Reprimand to the judge. An Agreed Disposition requires the agreement of the judge and often includes a period during which the CJC places conditions on the judge's conduct. The conditions may include counseling, education, assignment of a mentor judge, monitoring by the CJC for a specified period of time, voluntary retirement, or other appropriate conditions. In most cases, this type of disposition has a valuable, favorable effect on a judge's conduct.
Direct Submission to the Supreme Judicial Court
If the CJC finds that a judge has committed judicial misconduct and an Informal Adjustment / Agreed Disposition has not been reached, but the judge does not wish to proceed to a public hearing, the CJC and the judge may agree to submit the matter directly and confidentially to the Supreme Judicial Court pursuant to CJC Rule 13.
Under Rule 13A, the CJC and the judge agree upon the facts, but not upon the discipline to be recommended, and the Supreme Judicial Court's decision is final.
Under Rule 13B, the CJC and the judge agree upon the recommendation for discipline, but not upon the facts. If the Supreme Judicial Court does not adopt the agreed recommendation, the matter returns to the CJC for further proceedings.
Sworn Complaint or Statement of Allegations
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:
- Informal Adjustment;
- Private Reprimand; or
- Direct submission to the Supreme Judicial Court under Commission Rule 13.
| Date published: | May 28, 2021 |
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