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Volume 664, Page 187   View pdf image (33K)
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moval or retirement of a judge. All proceed-

ministration of justice, or may be retired

ings, testimony, and evidence before the Com-

for disability seriously interfering with the

mission shall be confidential and privileged,

performance of his duties, which is, or is

except that the record of any proceeding

likely to become, of a permanent char-

filed with the Court of Appeals shall lose its


confidential character. The Court of Appeals

(b) The General Assembly shall review

shall prescribe by rule the means to imple-

the record of the proceedings on the law

ment and enforce the powers of the Commis-

and facts and in its discretion may permit


the introduction of additional evidence and

by a joint resolution passed by a two-thirds

vote of the members elected in each House

thereof, shall order removal or retirement,

as it finds just and proper, or wholly reject

the recommendation. Upon an order foi

retirement, the judge shall thereby be re-

tired with the rights and privileges provided

by Law. Upon an order of removal, the

judge shall thereby be removed from office,

his salary shall cease from the date of such

order, and neither he nor his widow, upon

his death, shall receive any benefits, pension,

or retirement allowance accruing from ju-

dicial service.

(c) All papers filed with and proceedings

before the Commission on Judicial Dis-

abilities, pursuant to this section shall be

confidential, and the filing of papers with

and the giving of testimony before the

Commission shall be privileged. No other

publication of such papers or proceedings

shall be privileged in any action for def-

amation except that (a) the record filed

by the Commission in the General Assembly

continues to be privileged and upon such

filing loses its confidential character and

(b) a writing which was privileged prior

to its filing with the Commission does not

lose such privilege by such filing. The

Commission and the General Assembly shall

have the power to issue and enforce process

to compel the attendance of witnesses and

the production of evidence. The General

Assembly shall by statute provide for pro-

cedure under this section before the Com-

mission on Judicial Disabilities and by rule

shall provide for procedure under this sec-

tion in the General Assembly.......

Section 5.28. Procedures of Commission on

Sec. 4 A. (b) The concurrence of a ma-

Judicial Disabilities.

jority of the appointed members shall be

The Commission on Judicial Disabilities

sufficient for the validity of any act of the

shall act only upon the concurrence of a ma-

Commission. The Commission shall select

jority of its members. The Commission shall

one of its members to serve as Chairman.

elect one of its members as chairman. Practice

and procedure before the Commission shall

be prescribed by rule.

Section 5.29. Removal by Court of Appeals

Sec. 4B. (b) The General Assembly shall

Upon recommendation of the Commission

review the record of the proceedings on the



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Volume 664, Page 187   View pdf image (33K)
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