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August 13, 2018

Model Rules for Judicial Disciplinary Enforcement

Section I. Organization and Structure
Rule 1. Disciplinary Authority

The disciplinary authority of the commission extends to every judge.

Commentary

A judge is anyone, whether or not a lawyer, who is an officer of a judicial system and who is eligible to perform judicial functions, including an officer such as a magistrate, court commissioner, special master or referee. See definition of "Judge" in the Terminology Section.

The commission's authority does not extend to federal judges or to administrative law judges of independent state agencies. Administrative law judges are affiliated with the executive branch of government and are not subject to discipline under these rules unless the legislature takes affirmative action to put them within the commission's jurisdiction. Each jurisdiction should determine whether mediators, arbitrators, and referees acting under the judicial branch should be included under these Model Rules.

The commission's authority extends to members of the jurisdiction's highest court. See Rule 26.

Next - RULE 2. THE COMMISSION ON JUDICIAL CONDUCT