Ariz. R. Comm. Jud. Cond. 4

As amended through August 22, 2024

Rule 4 - Administration

(a) Appointment of staff. The commission may employ an executive director, disciplinary counsel, and such other staff as it deems necessary to assist the commission in performing its duties. The executive director is authorized to employ individuals to fill the other staff positions authorized by the commission. The executive director serves at the pleasure of the commission and other employees serve at the pleasure of the executive director.

(b) Duties of executive director. The executive director is the chief administrative officer of the commission and is responsible for ensuring that all allegations of judicial misconduct that are brought to the attention of the commission are promptly investigated and resolved in accordance with the commission's rules and administrative policies. The executive director may assist disciplinary counsel in the investigation and processing of complaints. The executive director shall supervise commission staff, prepare reports, accept service on behalf of the commission, administer appropriations and other funds in cooperation with the Administrative Director of the Courts, maintain records and files, and perform other duties as directed by the commission.

(c) Duties of disciplinary counsel. Disciplinary counsel shall conduct preliminary investigations and perform the functions of a prosecutor in proceedings before investigative panels, hearing panels or hearing officers, and the supreme court. Disciplinary counsel shall file formal charges when directed to do so by the commission or an investigative panel, and shall perform other duties as assigned by the commission or executive director.

(d) Policies, procedures and forms. The commission may adopt administrative policies, procedures and forms that do not conflict with these rules.

Ariz. R. Comm. Jud. Cond. 4

Added by Order dated Oct. 11, 2001, effective 1/1/2002. Amended6/8/2004, effective 12/1/2004;6/15/2004, nunc pro tunc6/8/2004. Amended and effective 1/20/2006;9/2/2014, effective 1/1/2015.

RULES GOVERNING

<Proceedings commenced prior to the January 1, 2002 effective date of these new rules shall continue to be governed by the rules effective prior to the effective date until the closure of the matter.>

HISTORICAL NOTES

The former rule, adopted May 24, 1990, effective July 1, 1990, amended March 27, 1995, effective June 1, 1995, was abrogated by Order dated October 11, 2001, effective December 31, 2001. Because the former rule has continuing effect for actions begun prior to the date of repeal, the text of the rule is set out below.

"Rule 4. Jurisdiction

"(a) Suspension for Criminal Conduct. Pursuant to article 6.1, § 3 of the constitution, the commission may recommend to the supreme court that a judge be suspended from office without salary when, in the United States, the judge pleads guilty or no contest, or is found guilty of a crime punishable as a felony under Arizona or federal law or of any other crime that involves moral turpitude under such law.

"(b) Involuntary Retirement. Pursuant to article 6.1, § 4 of the constitution, the commission may recommend to the supreme court that a judge be involuntarily retired upon determining that the judge has a mental or physical disability that seriously interferes with the performance of the judge's duties and is likely to become permanent. A judge involuntarily retired pursuant to this section shall be considered to have retired voluntarily and shall be entitled to receive such retirement benefits as may be provided by law for judges retired for permanent physical or mental incapacity. Upon such involuntary retirement, the clerk of the supreme court shall certify the name of the judge to the administrator of the retirement system as entitled to the retirement payments provided by law.

"(c) Censure, Suspension, or Removal. Pursuant to article 6.1, § 4 of the constitution, the commission may recommend to the supreme court that a judge be censured, suspended with or without pay, or removed from office for actions by the judge that constitute:

"(1) Willful misconduct in office;

"(2) Willful and persistent failure to perform judicial duties;

"(3) Habitual intemperance; or

"(4) Conduct prejudicial to the administration of justice, including a violation of the code, that brings the judicial office into disrepute.

"(d) Discipline of Other Judicial Officers. The commission may either discipline or recommend to the chief justice, a chief judge or a presiding judge of any court that a court commissioner, special master, hearing officer or referee be disciplined.

"(e) Prior Conduct. Conduct occurring prior to or during service in judicial office may be considered by the commission in determining its recommendations to the supreme court.

"(f) Misconduct Distinguished From Error. In the absence of fraud, corrupt motive, bad faith, or any of the grounds described in this rule, the commission shall not take action against a judge for making erroneous findings of fact or legal conclusions."