Professional Conduct Rules
Rules of the Trial Court Committee on Professional Responsibility for Clerks of the Court

Professional Conduct Rules  Committee on Professional Responsibility for Clerks Rule 5: General procedures of the Committee

Effective Date: 03/23/2015
Updates: Adopted effective March 23, 2015

Table of Contents

A.

Upon request for good cause, or on its own motion, the Committee may extend any time limit set forth herein.

B.

 At any stage of the process, the Committee may place a Clerk on paid administrative leave, or with the consent of the Clerk, specially assign the Clerk pending the final disposition of a complaint. The Committee may specially assign a Clerk pending the final disposition of a complaint without the Clerk's consent only with the approval of the Supreme Judicial Court. 

C.

At any stage of the process, the Committee may consult with any appropriate judicial or administrative officer. At any stage of the process, the Committee and the Clerk may reach a negotiated settlement of the case that may include any terms and conditions agreeable to both parties, including discipline up to and including resignation. The Committee shall promptly notify the appropriate Chief Justice of any settlement or informal resolution.

D.

At any stage of the process, the Committee may appoint Special Counsel. 

E.

At any time prior to the issuance of formal charges, the Committee may conduct interviews, whether or not under oath and whether or not such statements are memorialized. 

F.

In the event that the Clerk resigns after formal charges have been issued, the Committee may, upon a finding that the integrity of the judicial branch and the interest of the administration of justice would be served, continue its investigation in order to make a report to the Supreme Judicial Court. 

G.

The Committee shall keep a record of all proceedings concerning a Clerk. The Committee's findings, conclusions and recommendations shall be entered in the Committee's record.

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