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DISCIPLINE RULES FOR JUDGES (DRJ)
TABLE OF RULES
Rule
1 Scope of Rules; Parties
2 Initiating Supreme Court Consideration
3 Contesting Recommendation
4 Record on Review
5 Briefs
6 Hearing
7 Additional Evidence or Findings--Remand
8 Motion
9 Decision and Reconsideration
10 Effect of Discipline
11 Reinstatement of Eligibility To Hold Judicial Office
12 Informal Admonishment or Reprimand by Commission
13 Substitute Panel
14 Supplemental Provisions
RULE 1
SCOPE OF RULES; PARTIES
(a) Supreme Court Consideration. A decision of the Judicial
Qualifications Commission that recommends the discipline or retirement of a
judge or justice (hereafter "judge") or that recommends that a judge should
or should not be reinstated to eligibility to hold judicial office will be
considered by the Supreme Court in the manner provided by these rules.
(b) Judicial Qualifications Commission. The proceedings of the Judicial
Qualifications Commission (hereafter "commission") are governed by rules
adopted by the commission.
(c) Parties. The only parties to a proceeding under these rules are the
commission and the judge who is the subject of the commission
recommendation of discipline or retirement.
(d) Discipline. As used in these rules, "discipline" includes
admonishment, reprimand, censure, suspension, and removal from office, but
does not include admonishment or reprimand agreed to by the judge as
provided in rule 12.
Comment
Section (a). The Supreme Court may only consider a Judicial
Qualifications Commission recommendation of discipline or retirement.
Const. art. 4, subsection 31 (amend. 71). The word "judge" will be used
throughout the rules rather than the terms "judge or justice" found in the
constitution.
Section (b). The commission determines its own rules for proceedings
before it. Const. art. 4, subsection 31 (amend. 71).
Section (c). Only the commission and the judge will be parties to
Supreme Court proceedings.
Section (d). Rule 12 authorizes the commission to informally admonish
or reprimand a judge without referring the matter to the Supreme Court. The
word "discipline" used throughout these rules does not include this
informal admonishment or reprimand.
[Effective May 14, 1982]
RULE 2
INITIATING SUPREME COURT CONSIDERATION
(a) Generally. Decisions of the commission recommending to the Supreme
Court that a judge should be disciplined or retired shall be in writing.
The commission shall serve on the judge a copy of its decision recommending
that the Supreme Court discipline or retire the judge. Unless a matter is
disposed of under rule 12, the commission shall file a copy of its decision
with the Supreme Court when the commissions decision is final under the
rules of the commission. The commission shall serve notice on the judge of
the date the decision has been filed with the Supreme Court.
(b) Time for Filing. The written decision of the commission shall
specify the time period in which the judge may file a notice of contest
under rule 3. The period may not be shorter than 7 days nor longer than 28
days after the date of service on the judge of notice that the decision has
been filed with the Supreme Court.
Comment
Section (a). The commissions recommendation to the Supreme Court must
be in writing. The rule does not prohibit the commission from giving the
judge a proposed recommendation to determine if discipline can be imposed
by agreement under rule 12. The rule also accommodates a process for
reconsideration by the commission before filing a recommendation with the
Supreme Court.
Section (b). This section delegates to the commission the
responsibility of determining how much time should be allowed for the
filing of a notice of contest. The commission is in the best position to
know whether the particular case requires prompt action or may be handled
in a manner closely approximating the normal time limits for an appeal to
the Supreme Court.
[Effective May 14, 1982]
RULE 3
CONTESTING RECOMMENDATION
(a) Generally. A judge who seeks to contest a recommendation of
discipline or retirement must file a notice of contest with the Supreme
Court and the commission. The notice must be filed within the time period
specified in the decision of the commission as provided in rule 2(b).
(b) Form of Notice. The notice of contest must (1) be titled a notice
of contest, (2) describe the portions of the recommendation of the
commission that the judge wishes to contest, and (3) name the judge seeking
to contest the recommendation. The notice must be signed by the judge or by
counsel. The name, address, and telephone number of the lawyer for any
party represented by counsel should be placed on the notice. The residence
address and telephone number of the judge seeking to contest the
recommendation should also be included on the notice.
Comment
Section (a). The judge who wishes to contest a commission
recommendation must file a notice of contest. The time period for filing a
notice of contest is determined by the commission. See rule 2(b).
[Effective May 14, 1982]
RULE 4
RECORD ON REVIEW
(a) Transcription of Proceedings. Except as provided in section (b),
upon receipt of a timely filed notice of contest, the commission shall at
its own expense transcribe those portions of the record of the proceedings
involving those charges upon which the recommendation of the commission is
based. The transcription of the record and copies of relevant material
filed with the commission shall be forwarded by the commission to the judge
within the time authorized by the Supreme Court. Any objections relating to
the accuracy and content of the record must be made within 14 days after
service of the record on the judge. Objections shall be decided in
accordance with the rules of the commission. The commission shall forward
the record to the Supreme Court after objections are determined by the
commission or, in the absence of objection, after the time for objection
has expired.
(b) Agreed Record in Contested Proceedings. The commission and the
judge may agree to a record in contested proceedings different from that
required by section (a). The agreed record shall contain sufficient
material to permit the Supreme Court to consider the decision of the
commission.
(c) Uncontested Proceedings. If the judge has not timely filed a notice
of contest, the record shall consist of the decision of the commission and
any other portions of the proceeding which the Supreme Court deems relevant
for its consideration.
Comment
Section (a). The rule provides that the commission will prepare the
record in a contested proceeding. The commission will only need to
transcribe those portions of the proceedings which are relevant to its
recommendation. Thus, if the judge was originally charged with five
different violations of the Code of Judicial Conduct and the commission
recommends discipline based on only one of those, it would only need to
transcribe the portions of the proceedings relevant to the charge actually
found. The commission will first serve the record on the judge to allow for
its determination of any objections to the record before the matter is
referred to the Supreme Court. If a party is not satisfied with the
commission's determination of the objection, the Supreme Court will decide
the matter.
Section (b). There may be circumstances when the commission and the
judge disagree only over a limited part of the commission recommendation.
In such circumstances, an agreed record is authorized. Cf. RAP 9.4.
Section (c). If a judge does not contest the commission
recommendations, the record will only consist of the commission decision,
supplemented by those portions of the record the Supreme Court deems
relevant.
[Effective May 14, 1982]
RULE 5
BRIEFS
(a) Contested Proceedings. If a notice of contest is timely filed, the
Supreme Court will establish a schedule for filing briefs.
(b) Uncontested Proceedings. If a notice of contest is not timely
filed, briefs will not be required unless requested by the Supreme Court.
(c) Content of Brief. A brief should contain under appropriate headings
and in the order here indicated:
(1) Title Page. A title page, which is the cover.
(2) Tables. A table of contents, with page references, and a table of
cases (alphabetically arranged), statutes, and other authorities cited,
with references to the pages of the brief where cited.
(3) Statement of the Case. A fair statement of the facts and procedure
relevant to the recommended discipline or retirement, without argument.
Reference to the record must be included for each factual statement.
(4) Statement of the Issues. A statement of the issues presented by the
commissions recommendation.
(5) Argument. The argument in support of the relief sought by the party
filing the brief, together with citations to legal authority and references
to relevant parts of the record. The argument may be preceded by a summary.
(6) Conclusion. A short conclusion stating the precise relief sought.
(7) Appendix. An appendix to the brief if deemed appropriate by the
party submitting the brief.
(d) Typing and Filing Brief. Rule of Appellate Procedure 10.4(a) is
applicable to briefs filed under these rules.
(e) Preparation of Brief. Rules of Appellate Procedure 10.4(b), (c),
(e), (f), and (g) are applicable to briefs filed under these rules.
(f) Service of Brief. A party shall serve a copy of the party's brief
on all other parties at or before the time the brief is filed with the
Supreme Court.
(g) Reproduction of Brief. Rule of Appellate Procedure 10.5(a) is
applicable to a brief filed under these rules.
(h) Submission of Improper Brief. Rule of Appellate Procedure 10.7 is
applicable to a brief filed under these rules.
(i) Amicus Curiae Brief. Rule of Appellate Procedure 10.6 is applicable
to an amicus curiae brief filed under these rules.
Comment
Section (a). If a proceeding is contested, the court will set the
schedule for filing briefs. This will allow the court flexibility to
accelerate those cases which should be speedily resolved, while permitting
more time for cases which do not require quick resolution.
Section (b). In an uncontested case, the court will usually decide the
case based on the decision of the commission, which should include the
factual basis for the commissions recommendation. The court may order a
brief from the commission if it concludes additional information is
necessary.
Section (c). This section is adapted from RAP 10.3. Section (i). As a
general rule persons other than parties will not be aware of a discipline
or retirement proceeding, but the court or a party may occasionally find
the need for an amicus curiae brief. This section incorporates the relevant
appellate rule.
[Effective May 14, 1982]
RULE 6
HEARING
(a) Contested Proceedings. If a notice of contest is timely filed, the
Supreme Court will set the date for the hearing with oral argument. Oral
argument will be governed by Title 11 of the Rules of Appellate Procedure.
(b) Uncontested Proceedings. If a notice of contest has not been filed,
oral argument will not be held unless requested by the Supreme Court. The
Supreme Court will nevertheless notify the parties of the date set for the
hearing without oral argument.
Comment
Section (a). Normally the court will hear oral argument only in
contested proceedings. The court will set the date for oral argument at the
same time it sets the briefing schedule. RAP Title 11 governs oral
argument.
Section (b). The court is required to hold a hearing in order to impose
discipline or to retire a judge. Const. art. 4, subsection 31 (amend. 71).
If a proceeding is uncontested, the court will set a date for considering
the commission recommendation, but it will not ordinarily schedule time for
oral argument.
[Effective May 14, 1982]
RULE 7
ADDITIONAL EVIDENCE OR FINDINGS--REMAND
If the Supreme Court on its own motion or on the motion of the
commission or the judge determines that further commission proceedings,
additional evidence, or additional findings will aid the Supreme Court, the
Supreme Court may remand the case to the commission or accept supplementary
materials without remand.
Comment
The Supreme Court may conclude, either on its own or at the instance
of a party, that additional commission proceedings are desirable. The
Supreme Court may decide that the commission should reconsider the
recommendation or obtain additional evidence. This rule permits a remand
for these purposes. The rule also authorizes the Supreme Court to receive
additional evidence. The generally accepted standard of review for Supreme
Court proceedings in the area of judicial misconduct or disability is an
"independent evaluation of the evidence." Hence, the Supreme Court
functions with a broader standard of review than is usual for an appellate
court reviewing a trial court decision. This rule allows maximum
flexibility for supplementing the record. Cf. ABA Standards 7.4-7.6 which
are consistent with this approach.
[Effective May 14, 1982]
RULE 8
MOTION
(a) Relief Available. A party may seek relief, other than a decision
of the case on the merits, by a motion. Rules of Appellate Procedure
17.3(a) and 17.4 are applicable to the motion filed under these rules.
(b) No Oral Argument. Motions will ordinarily be decided without oral
argument.
(c) Motions Decided by Department or Full Court. A motion will be
decided by a department of the Supreme Court or by the full Supreme Court.
[Effective May 14, 1982]
RULE 9
DECISION AND RECONSIDERATION
(a) Decision by Full Court. Hearings on the merits under these rules
will ordinarily be heard by nine justices. A reference to Supreme Court
Justice or Justices in these rules includes regular and pro tempore
justices. A reference to the Supreme Court includes the Supreme Court as
regularly constituted, and the Supreme Court with one or more justices pro
tempore.
(b) Postponement of Decision. The Supreme Court may postpone Supreme
Court proceedings involving a judge if there are other proceedings pending
before the commission involving that same judge.
(c) Decision Imposing Discipline or Retirement. Discipline may be
imposed or retirement ordered only upon the affirmative vote of at least
five Supreme Court Justices. The decision of the court shall be in the form
of a written opinion. The Supreme Court may impose the sanction recommended
by the commission, or any other sanction that the Supreme Court deems
proper.
(d) Finality of Decision. The decision of the Supreme Court becomes
final 14 days after the decision is filed, unless a motion for
reconsideration of the decision is earlier filed. If a timely motion for
reconsideration is filed, the decision of the Supreme Court becomes final
when the motion for reconsideration is denied. If the motion for
reconsideration is granted, the reconsidered decision is final when filed.
The Supreme Court decision is effective when final, unless otherwise
provided by the Supreme Court in its decision.
(e) Motion for Reconsideration. A party seeking reconsideration of a
decision must file a motion for reconsideration within 14 days after the
decision of the Supreme Court has been filed. Rules of Appellate Procedure
12.4(c) through (h) are applicable to proceedings under these rules.
Comment
Section (a). The Supreme Court will ordinarily decide a judicial
discipline case with a full panel of nine justices, drawing from justices
pro tempore if necessary, to create a full panel. The rule does provide,
however, that a decision by less than nine justices will be effective if
the decision is supported by at least five justices.
Section (b). The ABA Standards recommend that the court dispose of all
matters regarding the discipline of a particular judge at one time. ABA
Standards Relating to Judicial Discipline and Retirement, Std. 7.6.
Section (c). The Supreme Court must approve the discipline of a judge
with at least five votes. The court may impose the discipline it determines
is proper.
Section (d). A party has 14 days in which to file a motion for
reconsideration. If no motion is filed, the decision is final at the end of
the 14-day period. If a motion is filed, the decision is final when the
motion is denied or when the reconsidered decision is filed. This parallels
RAP 12.4 which permits only one motion for reconsideration. This paragraph
supersedes RCW 2.04.170 to the extent the statute is in conflict with this
rule.
[Effective May 14, 1982]
RULE 10
EFFECT OF DISCIPLINE
(a) Removal or Retirement. The office of a judge removed or retired by
the Supreme Court becomes vacant when the Supreme Court decision is final.
A judge may not perform any judicial duties thereafter. A judge who is
removed or retired by the Supreme Court is no longer eligible for judicial
office unless the eligibility of the person removed or retired is
reinstated by the Supreme Court.
(b) Suspension. The office of a judge suspended by the Supreme Court
does not become vacant, but the judge may not perform any judicial duties
during the period of suspension, except to the extent the decision of the
Supreme Court provides otherwise.
(c) Effect of Discipline on Salary. A decision imposing discipline
other than removal or retirement will state the effect of the discipline
upon the salary of the judge. Subject to the limitation in rule 9(c), the
Supreme Court may diminish the salary of the judge based only on the
prospective future decrease in the judges workload brought about by the
discipline imposed by the Supreme Court.
Comment
Section (a). The constitution provides that a judicial office becomes
vacant if a judge is removed or retired. Const. art. 4, subsection 31
(amend. 71).
Section (b). If a judge is suspended from office, the implication is
that the office is not vacant. This section makes this clear. The rule does
not allow a judge to perform judicial duties while suspended, except as may
be otherwise authorized by the Supreme Court.
Section (c). The constitution requires the Supreme Court to specify the
effect on the judges salary of discipline other than removal or retirement.
The Supreme Court will not use its power to affect salary as a means of
imposing a fine on the judge, which is not specifically authorized by the
constitution. Statutes control the collateral effect on retirement benefits
of a Supreme Court decision affecting payment of a judge's salary.
[Effective May 14, 1982]
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]
RULE 12
INFORMAL ADMONISHMENT OR REPRIMAND
BY COMMISSION
(a) Generally. The commission may informally admonish or reprimand a
judge, but only with the agreement of that judge. The agreement shall
provide whether the agreement of the judge to the admonishment or reprimand
may be considered as an admission of misconduct by the judge. In any event,
the conduct causing the admonishment or reprimand may be considered in the
event of a future complaint against the same judge. The agreed admonishment
or reprimand may include an agreement by the judge to desist from certain
prescribed conduct.
(b) Effect of Informal Admonishment or Reprimand. An agreement to
informally admonish or reprimand a judge terminates the complaint or
complaints which gave rise to the admonishment or reprimand, without the
necessity of referring the matter to the Supreme Court.
Comment
Const. art. 4, subsection 31 (amend. 71) gives the Supreme Court the
authority to impose discipline on judges. Arguably, the commission may not
engage in informal dispositions without authority from the Supreme Court.
This rule delegates a small, but important, part of the Supreme Courts
discipline power to the commission. The commission is only empowered to
informally admonish or reprimand a judge. If more serious discipline is
called for, the Supreme Court must impose the discipline. The rule requires
the consent of the judge. The judge will, thereby, be waiving any right to
have discipline imposed only by the Supreme Court. Cf. ABA Standard 6.6.
[Effective May 14, 1982]
RULE 13
SUBSTITUTE PANEL
(a) Generally. If a justice of the Supreme Court is the subject of a
recommendation for discipline or retirement, a substitute panel of nine
judges shall be selected as provided in this rule to serve as justices pro
tempore to consider the commission recommendation.
(b) Selection of Justices Pro Tempore. The presiding chief judge of
the Court of Appeals shall be one member of the substitute panel and shall
be the chief justice pro tempore unless the judge disqualifies himself or
herself or is otherwise disqualified by section (c). The clerk of the
Supreme Court shall select the balance of the justices pro tempore by lot
from all remaining active Court of Appeals judges. If there are fewer than
nine judges of the Court of Appeals who are not disqualified, the panel
shall be completed by the clerk by selecting by lot from the active
superior court judges until a full panel of nine justices pro tempore has
been selected.
(c) Disqualification. A judge may disqualify himself or herself
without cause. No judge who has served as a master or a member of the
commission in the particular proceeding or who is otherwise disqualified
may serve on the substitute panel. No judge against whom a formal charge is
pending before the commission shall serve on the panel.
(d) Chief Justice Pro Tempore. If the presiding chief judge of the
Court of Appeals is not a member of the substitute panel, the substitute
panel shall select one of its members to serve as chief justice pro
tempore.
[Effective May 14, 1982]
RULE DRJ 14
SUPPLEMENTAL PROVISIONS
(a) Service and Filing With the Court. Rule of Appellate
Procedure 18.5 governs service, proof of service, and filing of
papers under these rules.
(b) Computation of Time. Rule of Appellate Procedure 18.6
applies to the computation of time under these rules.
(c) Waiver of Rules and Sanctions for Violation of Rules.
Rules of Appellate Procedure 18.8(a) and (d) and 18.9(a) are
applicable to proceedings under these rules.
(d) Applicability of RAP. Upon order of the Supreme Court,
the Rules of Appellate Procedure may be made applicable to any
part of the proceeding involving the discipline or retirement of
a judge not governed by these rules.
(e) Confidential and Privileged Communications. Confidential
communication between a judicial officer and peer Counselors of
the Judicial Assistance Committee of the Superior Court Judges'
Association or the district and Municipal Court Judges'
Association or the LAP (Lawyers Assistance Program of the
Washington State Bar Association) shall be privileged against
disclosure without the consent of the judicial officer to the
same extent and subject to the same conditions as confidential
communication between a client and psychologist.
[Adopted effective May 14, 1982; November 25, 2003.]
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