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Rule 19 (JudCon-US) Download

RULE 19 | JUDICIAL-COUNCIL DISPOSITION OF PETITION FOR REVIEW

(a) Rights of Subject Judge. At any time after a complainant files a petition for review, the subject judge may file a written response with the circuit clerk. The circuit clerk must promptly distribute copies of the response to each member of the judicial council or of the relevant panel, unless that member is disqualified under Rule 25. Copies must also be distributed to the chief judge, to the complainant, and to the Committee on Judicial Conduct and Disability. The subject judge must not otherwise communicate with individual judicial-council members about the matter. The subject judge must be given copies of any communications to the judicial council from the complainant.
(b) Judicial-Council Action. After considering a petition for review and the materials before it, the judicial council may:
(1) affirm the chief judge’s disposition by denying the petition;
(2) return the matter to the chief judge with directions to conduct a further inquiry under Rule 11(b) or to identify a complaint under Rule 5;
(3) return the matter to the chief judge with directions to appoint a special committee under Rule 11(f); or
(4) in exceptional circumstances, take other appropriate action.

(c) Notice of Judicial-Council Decision. Copies of the judicial council’s order, together with memoranda incorporated by reference in the order and separate concurring or dissenting statements, must be given to the complainant, the subject judge, and the Committee on Judicial Conduct and Disability.
(d) Memorandum of Judicial-Council Decision. If the judicial council’s order affirms the chief judge’s disposition, a supporting memorandum must be prepared only if the council concludes that there is a need to supplement the chief judge’s explanation. A memorandum supporting a judicial-council order must not include the name of the complainant or the subject judge.
(e) Review of Judicial-Council Decision. If the judicial council’s decision is adverse to the petitioner, and if no member of the council dissented, the complainant must be notified that he or she has no right to seek review of the decision. If there was a dissent, the petitioner must be informed that he or she can file a petition for review under Rule 21(b).
(f) Public Availability of Judicial-Council Decision. Materials related to the judicial council’s decision must be made public to the extent, at the time, and in the manner set forth in Rule 24.

Commentary

This Rule is adapted largely from the Act and is self-explanatory.
The judicial council should ordinarily review the decision of the chief judge on the merits, treating the petition for review for all practical purposes as an appeal. The judicial council may respond to a petition for review by affirming the chief judge’s order, remanding the matter, or, in exceptional cases, taking other appropriate action.
Under Rule 19(b), after considering a petition for review and the materials before it, a judicial council may return a matter to the chief judge to take various actions, including conducting further inquiry under Rule 11(b), identifying a complaint under Rule 5, or appointing a special committee under Rule 11(f).
A petition for review of a judicial council’s decision under this Rule may be filed in any matter in which one or more members of the council dissented from the order. See Rule 21(b).

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