(1) "Board" means the Judicial Conduct Board. (2) "Judge" means the chief justice of the state, an associate justice of the Supreme Court, a superior judge, a district judge, an assistant judge, a probate judge or any other individual who is deemed a judge by Administrative Order No. 10, Code of Judicial Conduct, TERMINOLOGY (11). (3) "Special counsel" means one or more attorneys appointed by the Board to gather and present evidence in proceedings before the Board or in the Supreme Court. (4) "Disciplinary counsel" refers to the disciplinary counsel of the Professional Responsibility Board. See Permanent Rules Governing Establishment and Operation of the Professional Responsibility Program, Administrative Order No. 9, Rule 3.A. (5) "Complaint" means any communication received by the Board concerning alleged acts of misconduct or disability, or any order on the motion of the Board to investigate acts which may constitute misconduct or disability. (6) "Complainant" means any person, corporation or organization communicating to the Board information about alleged acts of misconduct or disability. (7) "Deferred discipline agreement" means a confidential agreement between the judge and the Board setting forth conditions for the judge to undergo treatment, counseling, education, or other corrective action. It is available only as a response to misconduct that does not require prosecution and sanctions and that can be addressed through nondisciplinary means. (8) "Formal complaint" means a written document filed by order of the Board or investigative panel stating probable cause as to specific acts of misconduct or disability which warrant formal action by the Board under the Code of Judicial Conduct and Rules of Professional Conduct and these disciplinary rules. (9) "Party" means the Board or the judge. (10) "Investigative panel" means a three-member panel of the Board designated to determine whether a formal complaint will be filed. (11) "Hearing panel" means five or more members of the Board designated to hold a formal hearing. (12) "Notice" means service under the Rules of Civil Procedure or service by certified mail, return receipt requested and received, to the last known address of residence of the addressee. Notice also means service as prescribed above on a guardian, guardian ad litem and counsel of record, if any. (13) "Shall" is mandatory, but not jurisdictional, and "may" is permissive. (14) "Written warning" means a nonpublic written notice to a judge advising him or her that although the complaint is being dismissed by the Board, the conduct alleged might rise to the level of a violation requiring action if it occurred on multiple occasions. Vt. Disc. Control of Judges R. 1
Adopted Feb. 17, 1978, eff. 3/1/1978; amended Aug. 31, 1981, eff. 11/3/1981; 1/27/2000, eff. 5/1/2000; 9/17/2001, eff. 1/1/2002; 12/21/2010, eff. 2/21/2011.