– Grievances – Negotiated Disposition

Rules of the Judicial Standards Commission

Rule: 12

Jurisdiction: MT

Bluebook Citation: Mont. TJSC R. 12

(a) After receipt of a grievance or of information indicating that a judge may have engaged in judicial misconduct, or that a judge may be disabled, the Commission, before voting to initiate formal proceedings, may delegate to one or more of its members or to the Commission’s attorney or investigator, the authority and responsibility to personally and confidentially confer with the judge subject to the inquiry, and to make informal recommendations to the judge or to the judge’s attorney concerning the subject matter of the inquiry and a satisfactory disposition thereof. If the judge agrees to the Commission’s suggested disposition, the Commission may dispose of the matter on the basis of the agreement reached. Except as provided in Rule 7(e) or sealed under Rule 9(c), the Commission shall file a report of such disposition in the office of the Clerk of the Supreme Court and the disposition shall become a matter of public record. (b) The Commission may at any time entertain and act upon a proposal from a judge for disposition of any matter pending before the Commission concerning such judge. If the proposal is made after the filing of a formal complaint, and is acceptable to the Commission, a report thereof shall be filed in the office of the Clerk of the Supreme Court, and the report shall be a matter of public record.

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