FINAL BILL REPORT

SSB 5186

                              C 367 L 89

BYSenate Committee on Law & Justice (originally sponsored by Senators Pullen, Talmadge, McCaslin, Nelson, Thorsness and Rasmussen)

Changing provisions relating to the commission on judicial conduct.

Senate Committee on Law & Justice

House Committe on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

During the legislative interim, several hearings were held to review the procedures used by the Commission on Judicial Conduct when it investigates complaints that a judge has violated a rule of judicial conduct.  The hearings were held in response to numerous media reports of instances where the commission allegedly failed to investigate misconduct by a judge.  In addition, several persons who filed complaints with the commission testified that the commission was not responsive to their complaints and that the commission operated in a manner which was overly-protective of judges.

If the voters approve a constitutional amendment revising the operation and procedures of the Commission on Judicial Conduct, it will be necessary to pass implementing legislation.

SUMMARY:

The statutory provisions relating to the Commission on Judicial Conduct are amended in accordance with the proposed constitutional amendment, SSJR 8202.

The specific forms of discipline authorized by the constitutional amendment are defined.  An "admonishment" is a warning to a judge not to engage in certain behavior, and may include a requirement for corrective action.  A "reprimand" requires a judge to appear before the commission personally and requires the judge to follow a specified corrective course of action as discipline for a minor violation of the code of judicial conduct.  A "censure" is the same as a reprimand but is given in response to a violation of the code which detrimentally affects the integrity of the judiciary and undermines public confidence in the administration of justice.  A "suspension" is a temporary relief of judicial duties for a violation of the code that seriously impairs the integrity of the judiciary and substantially undermines the public confidence in the administration of justice.  A "removal" is a permanent relief of judicial duties.

Whenever the commission determines that probable cause exists to believe that a judge has violated a rule of judicial conduct, the commission must disclose any exculpatory information to the judge.

The commission is given express authority to use personal service contracts to hire persons to conduct initial investigative proceedings.  The commission is also given authority to investigate conduct that may have occurred before the creation of the commission when that conduct relates to a complaint received about a judge.

Express references are provided to the Administrative Procedure Act, the Public Disclosure Act and the Open Meetings Act in accordance with the proposed constitutional provision making the commission subject to laws of general applicability with regard to all of its activities except confidential initial investigations and proceedings.  Persons who violate commission rules on confidentiality may be held in contempt of court.

VOTES ON FINAL PASSAGE:

     Senate   45    1

     House 97  0 (House amended)

     Senate   47    0 (Senate concurred and amended)

     House           (House refused to concur)

     Senate           (Senate refused to recede)

Free Conference Committee

     House 97  0

     Senate   44    1

EFFECTIVE:Upon passage of SSJR 8202