13: Committee on Professional Responsibility for Clerks of the Courts

There shall be a Trial Court Committee on Professional Responsibility for Clerks of the Courts (hereinafter Committee) with the following authority: (A) Upon appeal by a Clerk, the Committee shall review discipline of a Clerk imposed by a trial court Chief Justice that includes a suspension without pay of any length or a recommendation for removal of a Clerk. Discipline imposed on a Clerk by a trial court Chief Justice that does not include any suspension without pay or recommendation for removal may not be appealed to the Committee. (B) Upon referral from a trial court Chief Justice, the Committee shall address a complaint of misconduct against a Clerk in the first instance. Such referral by the Chief Justice shall be made in accordance with guidelines established by the Chief Justice of the Trial Court and the Court Administrator in consultation with representatives of the Clerks. Upon such referral, the Committee may receive information, conduct investigations and hearings, dismiss, informally resolve, issue formal charges, impose any form of discipline except for removal, or otherwise dispose of complaints, and make recommendations to the Supreme Judicial Court concerning removal of a Clerk. (C) Upon referral from a trial court Chief Justice, the Committee shall investigate information involving allegations that a Clerk is unable adequately to perform as a Clerk because of a mental or physical disability. Upon such referral, the Committee may receive information, investigate, and take appropriate action relative to any mental or physical disability of a Clerk.