Initiation of Disciplinary or Disability Proceedings

(a) Authorization of Disciplinary or Disability Proceedings. After completion of a formal investigation authorized pursuant to Rule 10, and upon the affirmative vote of at least 5 members, the investigative panel considering the matter may authorize the initiation of a disciplinary or disability proceeding against the judge, who thereafter shall be referred to as the Respondent. The authorization to initiate a disciplinary or disability proceeding constitutes a finding that probable cause exists to believe that the Respondent engaged in conduct that warrants public reprimand, censure, suspension, or removal by the Supreme Court or that the Respondent suffers from a disability that warrants suspension or removal by the Supreme Court pursuant to Article 30 of Chapter 7A of the General Statutes of North Carolina. (b) Filing of the Statement of Charges. A disciplinary or disability proceeding is initiated through the filing of a Statement of Charges by the Commission Counsel at the Commission offices. The Statement of Charges shall contain: (1) (2) (3) (4) a caption entitled “BEFORE THE JUDICIAL STANDARDS COMMISSION, Inquiry Concerning a Judge No. ___.”; a description of the charge or charges in plain and concise language and in sufficient detail to give fair and adequate notice of the nature of the alleged misconduct or disability; the name of the complainant; a statement about the Respondent’s right to be represented by counsel at the Respondent’s expense; and 18 TOC Rule 12 (5) directions to the Respondent to file a Verified Answer as required pursuant to Rule 13. (c) Notice and Service of the Statement of Charges. (1) Service of the Statement of Charges shall constitute notice to the Respondent of the initiation of disciplinary or disability proceedings. (2) Unless waived by the Respondent, a copy of the Statement of Charges shall be personally served upon the Respondent by a person of suitable age and discretion who has been designated by the Commission. If, after reasonable efforts to do so, personal service upon the Respondent cannot be effected, service may be made to the Respondent’s home address by Registered Mail or Certified Mail, return receipt requested. Proof of service in accordance with N.C.G.S. § 1-75.10(a)(4) shall be filed with the Commission. (d) Withdrawal of the Statement of Charges. Upon motion by the Commission Counsel and good cause shown, the investigative panel that authorized the initiation of disciplinary or disability proceedings may withdraw the Statement of Charges upon the affirmative vote of at least 5 members. Notice of withdrawal of the Statement of Charges shall be made in the same manner as service of the Statement of Charges. (e) Interim Suspension During Disciplinary or Disability Proceedings. At any time following the conclusion of a formal investigation, if the investigative panel finds by clear and convincing evidence that a judge has (1) been charged with a felony under state or federal law, or (2) engaged in serious misconduct that poses an ongoing threat of substantial harm to public confidence in the judiciary or to the administration of justice, then the investigative panel may, upon the affirmative vote of at least 5 members, direct the presiding Chairperson or Vice-Chairperson to recommend that the Chief Justice temporarily suspend the judge from the performance of his or her judicial duties with pay pending final disposition of the proceedings. A copy of the recommendation of interim suspension shall be provided to the judge by Certified Mail, return receipt requested, or as otherwise agreed to in writing by the judge. At any time after an interim suspension is issued, the judge shall have the right to submit written objections to the Commission. The Executive Director shall provide the judge’s objections to the Chief Justice, along with the Commission’s response. The Executive Director shall also provide a copy of the Commission’s response to the judge. History Note. 374 N.C. 960; 386 N.C. 974. 19 TOC