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Rule 2-211. Compliance with the Code of Judicial Administrationand the Code of Judicial Conduct.

 

Intent:

To establish the authority of the presiding officer, theManagement Committee and the Council to take corrective action in the event of non-compliancewith this Code or the Code of Judicial Conduct.

 

Applicability:

This rule shall apply to judicial and quasi-judicial officers.

 

Statement of theRule:

 

(1) Allegations of failure to comply with the provisions of thisCode and the Code of Judicial Conduct may be reported by any court employee verballyor in writing by any of the following methods:

 

(1)(A) By contacting directly any supervisor or member ofmanagement with whom the employee is comfortable reporting such matters;

 

(1)(B) By contacting any Human Resource representative;

 

(1)(C) By contacting directly, any member of AOC management,including any court level administrator;

 

(1)(D) By contacting the State Court Administrator, Deputy StateCourt Administrator, or Assistant State Court Administrator; or

 

(1)(E) By contacting any commissioner, judge or justice.

 

(2) Supervisors, members of management, Human Resourcerepresentatives, and court level administrators shall promptly submitallegations reported under paragraph (1) verbally or in writing to the StateCourt Administrator, the Deputy State Court Administrator, or Assistant StateCourt Administrator.

 

(3) The State Court Administrator, Deputy State CourtAdministrator, and Assistant State Court Administrator shall promptly submitallegations reported under paragraph (2) to the presiding officer of theCouncil.

 

(4) The presiding officer of the Council, in consultation with theManagement Committee, has the discretion to dismiss the allegations,investigate the allegations, take appropriate corrective action or submit thematter to the Council for consideration. Where corrective action is taken, thepresiding officer shall report to the Council in executive session the natureof the problem and the corrective action taken. Information which identifiesthe person who submitted the allegation and the individual against whomcorrective action is taken may be omitted from the report.

 

(5) The Council shall convene in executive session to review thoseallegations of non-compliance submitted by the presiding officer pursuant toparagraph (4) and, upon a majority vote, direct dismissal of the allegations,investigation of the allegations, corrective action or referral to the JudicialConduct Commission. Allegations of non-compliance shall be referred to theConduct Commission only after consideration by the Council and upon a majorityvote of its members.

 

(6) The presiding officer of the Council is empowered to implementany corrective action recommended by the executive management committee or theCouncil.

 

(7) If the allegations involve inappropriate behavior toward theperson who submitted the allegations, the presiding officer shall notify theperson whether corrective action was taken. The person may ask that anydecision made by the presiding officer be reviewed by the Council. ?

 

Effective May 1,2021