– Jurisdiction and Grounds for Discipline

(a) The Commission shall have jurisdiction over the conduct of all judges and standing masters as defined herein, including part-time judges, and those retired district judges that may be called to hear cases as provided by § 19-5-103, MCA. Jurisdiction of the Commission also 8 extends to conduct that occurred while a judge is in office, or acting as a retired judge, and may include conduct that is not in connection with judicial duties. (b) Grounds for discipline or removal include, but are not limited to: (1) Any disability that seriously interferes with the performance of the officer’s duty and is or may become permanent. (2) Willful and persistent failure to perform judicial duties, including consistent failure to make decisions in a timely manner. (3) Willful misconduct in office. (4) Impropriety or other conduct prejudicial to the administration of justice that brings the judicial office into disrepute, or impropriety. (5) Habitual intemperance. (6) Ex parte communications except as allowed by statute or rule. (7) Violation of the provisions of the Code of Judicial Conduct adopted by the Montana Supreme Court. (c) The Commission may impose, or recommend to the Supreme Court, the following, by written order, with copies provided to the interested parties, and with any portion under seal if the Commission determines such is necessary to protect the privacy of matters related to the health or family members of the judicial officer: (1) Admonition: A private communication from the Commission to a judge reminding the judge of ethical responsibilities and giving a warning to avoid future misconduct or inappropriate practices. An admonition may be used to give authoritative advice and encouragement, to suggest or require other informal corrective actions or 9 education, or to express disapproval of behavior that suggests the appearance of impropriety even though it meets minimum standards of judicial conduct. (2) Private Reprimand: A private communication from the Commission to a judge that declares the judge’s conduct unacceptable under one of the grounds for judicial discipline but not so serious as to merit a public sanction. (3) Public Reprimand: A public reprimand administered by the Supreme Court, upon report and recommendation of the Commission, which declares a judge’s conduct unacceptable under one of the grounds for judicial discipline but not so serious as to warrant a censure. (4) Censure: A public declaration by the Supreme Court that a judge is guilty of misconduct that does not require suspension or removal from office. Censure may be ordered in conjunction with other sanctions. (5) Suspension: A decision by the Supreme Court to suspend a judge from office temporarily, with or without pay, for serious misconduct that merits more than censure but less than removal. This sanction is flexible, and there are no restrictions on the length of a suspension. (6) Removal: A decision by the Supreme Court to remove a judge from office for serious misconduct. (7) Permanent Removal: A decision by the Supreme Court to remove a judge permanently from office for serious misconduct and declares that such person may never again hold a judicial office in the State of Montana. (8) Retirement: A decision by the Supreme Court to retire a judge for a disability that seriously interferes with the performance of judicial duties that is or is likely to 10 become permanent.