WASHINGTON STATE REGISTER

WSR 99-14-004

ATTORNEY GENERAL OPINION

Cite as: AGO 1999 No. 4
[ May 10, 1999 ]

CONSTITUTION - JUDGES - COMMISSION ON JUDICIAL CONDUCT - Authority of Commission of Judicial Conduct to separate investigative and adjudicatory functions.

1. The Commission on Judicial Conduct lacks authority to divide its members into separate investigatory and adjudicative panels.

2. It is not a "temporary disability, disqualification, or inability to serve" for a member of the Commission on Judicial Conduct to have participated in the investigative phase of a complaint or case; this fact would not justify empaneling the member's alternative to serve in his/her place during the adjudicative phase of the same proceeding.

3. The Commission on Judicial Conduct may not use its alternative members to serve as "permanent" members as part of a scheme to divide the Commission into investigatory and adjudicative panels; the constitution evidences and intent that the same body exercise both functions.

Mr. Gregory R. Dallaire, Chair

Commission on Judicial Conduct

PO Box 1817

Olympia, WA 98507-1817

1.	The Commission on Judicial Conduct lacks authority to divide its members into separate investigatory and adjudicative panels.
2.	It is not a "temporary disability, disqualification, or inability to serve" for a member of the Commission on Judicial Conduct to have participated in the investigative phase of a complaint or case; this fact would not justify empaneling the member's alternative to serve in his/her place during the adjudicative phase of the same proceeding.
3.	The Commission on Judicial Conduct may not use its alternative members to serve as "permanent" members as part of a scheme to divide the Commission into investigatory and adjudicative panels; the constitution evidences and intent that the same body exercise both functions.

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