Sentences with phrase «of judicial discipline»

For a long time, Delaware has been unique in having as an aspect of its system of judicial discipline, a process in which a sole judicial officer, the Chief Justice, is expected to review incoming complaints and dismiss those that do not state a proper claim.

Given the important purpose of the judicial discipline process, the critical role of integrity in ensuring public confidence in the judiciary, and the need to ensure fairness to Justice Girouard, the Ministers agree that the best course of action is to jointly request, pursuant to s. 63 (1) of the Judges Act, that an inquiry be held into the findings of the majority of the Inquiry Committee that prompted it to recommend his removal.»

Not exact matches

But the concerns cited above show why it is important that judicial decisions be disciplined, based on sources of law other than the judge's own view of political morality.

In The Historian and the Believer, 57 Van A. Harvey uses the metaphor of judicial proceedings to illuminate the different relationships between evidence, warrants, and conclusions involved in the «field - encompassing» discipline practiced by the modern scientific historian.

The concern of judicial conservatives was sparked by those liberal judges untethered from the discipline of the text, who would soar off to invent new «rights.»

True, there are stated procedures to discipline an erring judge; and in fairness, the National Judicial Council (NJC) has latterly gone on the offensive to discipline some of such judges.

The Judicial Council has set up a five - member committee to discipline those implicated after outcome of the investigations.

Any legal challenge to these regulations faces an uphill battle, yet judicial efforts may be needed to prevent ED and DOJ from using the civil rights laws to federalize all issues of discipline in the nation's schools.

In ordering the disbarment, the Supreme Judicial Court rejected Finneran's contention that he should be given lighter discipline because his false testimony was unrelated to his practice of law.

The way in which the Trial Chamber reacted to Alternate Judge Sow's decision to make a public statement on the Taylor Trial; the exclusion of his statement from the official transcript of the hearing; and the recent information suggesting irregularities in the process which the SCSL judges invoked to discipline their judicial colleague for alleged misconduct all underscore the need for greater transparency on this issue than we have so far received from the SCSL.

The Registrant petitioned for judicial review of the Council's ruling, but the review was dismissed and the discipline matter remanded.

All the lawyers disciplined so far by the Law Society of Upper Canada under its judicial complaints protocol are women.

The recitation of the facts and the reasons are an appalling example of the gross abuse of judicial power and the judge who gave them should have been disciplined.

That could be evidence of a good judiciary, but also possible that the judicial discipline and removal process has not been as effective as it might be.

That affair was one of the developments that led to the current judicial discipline process at the federal level in the 1970s.

A New Brunswick Court of Queen's Bench judge who took months, sometimes years, to render decisions will not be disciplined following a review by the Canadian Judicial Council.

If anyone can point to me where last month's ruling of the «sharply divided national federal judicial discipline committee» is available online so that I can link to it, or if anyone can send an electronic copy of that ruling to me so that I can post it online, I will be most appreciative.

Texas: bill removes power of State Commission on Judicial Conduct to discipline judges who refuse to follow federal court rulings; claims state judges have free speech right to refuse to obey federal court rulings

The office oversees attorney admissions, attorney registration, mandatory continuing legal and judicial education, attorney diversion and discipline, regulation of the unauthorized practice of law, and inventory counsel.

In this class of cases, we think the rule of action which should govern the civil courts, founded in a broad and sound view of the relations of church and state under our system of laws, and supported by a preponderating weight of judicial authority, is that whenever the questions of discipline or of faith or ecclesiastical rule, custom, or law have been decided by the highest of these church judicatories to which the matter has been carried, the legal tribunals must accept such decisions as final and as binding on them in their application to the case before them.

The Court has adopted a Code of Judicial Conduct, and upon the recommendation of the Judicial Qualifications Commission, it may discipline or remove any Justice or judge who is found to have violated code standards.

The court held that the canon, minus the unconstitutional «appear to commit» language, permitted any speech by a judicial candidate, short of a pledge, promise, or commitment to adjudicate a particular result, and thus candidates could respond to questionnaires without fear of discipline.

Further, if the discipline committee (and the entire Board) have been exposed to a «mediation agreement» relating to the respondent, such that the members of the Discipline Committee might be precluded from hearing the matter, due to a reasonable apprehension of bias, a judicial review will still be premature if any possibility remains an unbiased discipline panel being convened.

Another major initiative was reforming the Courts of Justice Act, to improve the judicial complaints and discipline process and to broaden the possible sanctions available to the Judicial judicial complaints and discipline process and to broaden the possible sanctions available to the Judicial Judicial Council.

To the benefit of all Canadians, we need your financial support to force modern standards of accountability, transparency and performance upon the Canadian Judicial Council — the organization mandated to investigate and discipline Canada's federal judges.

Frequently appears as prosecution counsel and defence counsel for colleges of regulated professionals before discipline committees and on appeal or judicial review in the courts;

We went through a process which concluded that we should have a professional and independent adjudicative body, and that the sole purpose of that body should be to play a judicial role with respect to lawyer discipline.

The majority held that decisions about professional discipline are akin to prosecutorial discretion, such that errors «must likely approach an abuse of process to invite judicial intervention» (at para 47).

[1] Cooperation with investigations and proceedings of judicial and lawyer discipline agencies, as required in paragraph (A), instills confidence in judges» commitment to the integrity of the judicial system and the protection of the public and may be considered by the judicial and lawyer discipline agencies as a mitigating factor.

The Lawyer: Employment judge first to fall foul of new misconduct rules An employment judge has become the first to be publicly censured under new rules that will see all judges and magistrates who are disciplined for misconduct have their cases publicised by the Office for Judicial Complaints (OJC).

Whether discipline should be imposed should be determined through a reasonable and reasoned application of the Rules, and should depend upon factors such as the seriousness of the transgression, the facts and circumstances that existed at the time of the transgression, the extent of any pattern of improper activity, whether there have been previous violations, and the effect of the improper activity upon the judicial system or others.

There are two instances of judicial humour in the matter: word play («port of call») which occurs before the magistrate delivers the decision to dismiss the charges; and a reference to military discipline, which occurs at the very end of the matter.

We recommend that the Supreme Court appoint a study commission to review these and other recommendations for reform of our attorney and judicial discipline rules and procedures.

We respectfully suggest that the discipline process is a civil proceeding and thus falls within the protective walls of the Judicial Immunity Doctrine.

A denial of judicial immunity to Judge Bamberger will put every judge in Kentucky under the threat of KBA discipline sanctions if they acted on representations made by the attorneys or parties who appeared before them.

Loss of the standard of correctness gives rise to the potential loss of the «judicial self - discipline» advocated by Justice Iacobucci [xiii]-- eliminating the separate category of correctness may actually weaken judges» mental focus on deference under reasonableness.

There is an important jurisdictional question raised by the attempt of the KBA to discipline a judge for acts taken by the judge in his jurisdiction without the referral by the Judicial Conduct Commission.

Whether disciplinary action is appropriate, and the degree of discipline, should be determined through a reasonable application of the text and should depend on such factors as the seriousness of the improper activity, the intent of the judge, whether there is a pattern of improper activity, and the effect of the improper activity on others or on the judicial system.

The Code of Judicial Conduct provides that, although such opinions are not per se binding on the Judicial Conduct Board, the Court of Judicial Discipline, or the Supreme Court of Pennsylvania, action taken in reliance thereon shall be considered in determining whether discipline should be recommended or imposed.

A sharply divided national federal judicial discipline committee ruled 3 to 2 in late April that it had no power to sanction Real, 81, because the chief judge of the U.S. 9th Circuit Court of Appeals failed to properly investigate the complaint.

Bamberger asserted that «Section 121 (of the Kentucky Constitution) fixes original jurisdiction for judicial discipline exclusively in the (Judicial Conduct) Commission..judicial discipline exclusively in the (Judicial Conduct) Commission..Judicial Conduct) Commission...»

A major academic objective of the degree program is to help create and define a new academic discipline, judicial studies.

Rules of Judicial Disciplinary Procedure: These rules set forth the mechanisms of the Judicial Hearing Board and govern the procedure for discipline of judicial oJudicial Disciplinary Procedure: These rules set forth the mechanisms of the Judicial Hearing Board and govern the procedure for discipline of judicial oJudicial Hearing Board and govern the procedure for discipline of judicial ojudicial officers.

Chinese President Xi Jinping has made clear that the courts must submit to the discipline of the central party and judicial officials who are directed by the state and the party.

Rambo's article notes that «surprisingly, most of the state and federal courts deciding judicial discipline cases based on extrajudicial speech have not addressed the constitutionality of the code provisions involved.»

Although we have authority to deflect cases to the Court of Appeals, which relieves much of the load, the more difficult and complex cases, plus all cases involving constitutional questions, death penalty, first impressions, newly developing law and a whole litany of special subjects (election contests, utility rates, annexations, bar and judicial discipline matters, etc.) are assigned to our Court.

Education & Experience: Associate's degree in business or related discipline; and 2 years of related work experience (e.g. comprehensive customer service or case administration in a law or judicial corporate environment); or an equivalent combination of education and work experience.

Regarding the 30 - day suspension, the Supreme Court of Mississippi stated «judicial review of disciplinary proceedings of a voluntary association should be limited to determining only whether the member disciplined received procedural due process as required by the Fourteenth Amendment to the United States Constitution, and whether the association has conducted its inquiry in accordance with its own rules of procedure.»

His role there is both legislative and judicial, with responsibility for adopting changes to Civil Service Law as well as adjudicating employee appeals of wrongful discipline.