RULE 11
REINSTATEMENT OF ELIGIBILITY TO HOLD
JUDICIAL OFFICE
(a) Petition Filed With Commission. A former judge who has been removed
from office or retired by the Supreme Court may apply to the commission for
reinstatement of eligibility to hold judicial office.
(b) Commission Recommendation. The commission shall determine whether
the applicant has made an affirmative showing that reinstatement will not
be detrimental to the integrity and standing of the judiciary and the
administration of justice, or be contrary to the public interest. The
commission recommendation on the application shall be in writing.
(c) Supreme Court Procedure. A decision recommending that a former
judge should or should not be reinstated to eligibility to hold judicial
office shall be processed under these rules in the same manner as a
decision of the commission recommending the discipline or retirement of a
judge.
Comment
Section (a). The constitution gives to the Supreme Court the authority
to reinstate the eligibility of a removed or retired judge to hold judicial
office. The constitution does not establish standards for reinstatement.
This section provides that the commission will initially consider an
application for reinstatement.
Section (b). This section is modeled after rule 8.6(a) of the
Discipline Rules for Attorneys. The Supreme Court has considered the
question of attorney reinstatement several times. The standard set forth in
the rule along with the developed case law will provide the commission and
the Supreme Court with a basis for determining whether to reinstate a
former judges eligibility.
Section (c). Once a commission recommendation is filed with the Supreme
Court, the procedure will be the same as in cases involving the discipline
or retirement of a judge.
[Effective May 14, 1982]
Click here to view in a PDF.
|
| Courts | Organizations | News | Opinions | Rules | Forms | Directory | Library |
| Back to Top | Privacy and Disclaimer Notices |