– Effective Date and Amendment

(a) A majority of the Commission shall sign these rules and file them in the office of the Clerk of the Montana Supreme Court. The Commission may amend these rules at its discretion. Following an opportunity for public comment, the Commission shall submit proposed amendments to the Montana Supreme Court. The Supreme Court shall provide an opportunity for public comment and then review the Commission’s proposed amendments and any submitted public comments. The Supreme Court may propose amendments or comment upon the Commission’s proposed amendments. Amendments to these rules become effective once a majority of the Commission signs the amendments and they are filed in the office of the Clerk of the Supreme Court. (b) Upon the Commission’s adoption of amendments to these rules, all previous rules or amendments of the Judicial Standards Commission inconsistent with the amendments are repealed. ____________________________ Hon. Michael Menahan Chairman ____________________________ Hon. Randal Spaulding Vice-Chairman ____________________________ Seth Berglee Member ____________________________ Jill Gerdrum Member ____________________________ Roger Webb Member 18 “FORM A” Judicial Standards Commission State of Montana GRIEVANCE The undersigned being first duly sworn, upon oath, states the following facts showing misconduct on the part of the following named judge, to-wit: NAME OF JUDGE: ____________________________________ ADDRESS: ____________________________________ ____________________________________ Based on the attached Code of Judicial Conduct, please cite which Canon(s) you feel the judge has violated and why. If you cannot clearly identify which canon the judge has violated, then your grievance is not within the purview of this Commission to review. Please also note that a grievance that is based solely on rulings in a case which can be addressed in an appeal or on sentence review shall not constitute adequate grounds for disciplinary proceedings and shall be summarily rejected and dismissed by the Commission The facts of the above Judge’s misconduct or unethical conduct are as follows: (Please state in your own words the misconduct or unethical conduct of the judge. Provide information as to when and where the misconduct occurred, and the names of any other people involved.) (If more space is needed, you may attach additional sheets to this grievance and mark them a, b, c, etc.) 19 The names and addresses of other persons who are witnesses to or have information as to the misconduct of the above judge are: _____________________________ Name: Address: ___________________________ ___________________________ Phone No. __________________________ _____________________________ Name: Address: ___________________________ ___________________________ Phone No. __________________________ (Names of additional witnesses may be listed on a separate sheet and attached.) I (have_____/ have not_____) contacted the judge in regard to my grievance. I will furnish additional information to your Commission if requested. If the grievance is investigated, I will cooperate with your Commission and furnish the evidence I may have and I will testify at any hearing on this grievance. My full name, address and telephone number is: NAME: ________________________________ ADDRESS: ________________________________ PHONE #: ________________________________ ________________________________ DATED this ________day of ________________________, 20___. ___________________________________ SIGNATURE SUBSCRIBED AND SWORN TO before me this _____ day of _______, 20___. (SEAL) RETURN TO: ___________________________________ Notary Public for the State of Montana Residing at _________________________ My Commission expires_______________ SHELLY SMITH, EXECUTIVE SECRETARY JUDICIAL STANDARDS COMMISSION PO BOX 203005 301 S. PARK, SUITE 328 HELENA, MT 59620-3005 “FORM B” JUDICIAL STANDARDS COMMISSION STATE OF MONTANA Grievant/Complainant, __________________________________________ ) INQUIRY CONCERNING GRIEVANCE OF: ) ) ) ) ) ) ) ) _________________________________________ ) Respondent. v. Cause No. __________________ COMPLAINT _______________________, Prosecuting Attorney appointed by the Judicial Standards Commission of the State of Montana, and on behalf of the above named Grievant/Complainant, does hereby make formal complaint against the respondent judicial officer of the State of Montana as follows: 21