Rules of the Judicial Inquiry and Review Commission

1. "Commission" shall mean the Judicial Inquiry and Review Commission.
2. "Member or Members" shall mean members of the Judicial Inquiry and Review Commission and substitute members appointed pursuant to Va. Code § 17.1-901.
3. "Judge" shall mean the person who is under investigation by the Commission.
4. "Formal hearing" shall mean an investigative hearing to determine whether a judge has violated the Canons of Judicial Conduct and, if so, what sanctions should be imposed. A formal proceeding is initiated by a Notice of Hearing. Formal hearings may be conducted at such times and places in the Commonwealth as the Commission shall determine.
5. "Informal Conference" is a meeting between the judge and the Commission or one or more of its members to discuss alleged improper conduct by the judge.
6. "Document" shall mean any writing, including but not limited to a pleading, exhibit, chart, table or photograph.
7. "Presiding member" shall mean the Chairman or the commission member who presides at a prehearing conference or at any meeting, conference or formal hearing conducted by the Commission.
8. "Investigation” shall mean the process by which the Commission investigates charges coming before it pursuant to Va. Code § 17.1-902. An investigation may or may not include a formal hearing or informal conference. The Commission or the chairman may order an investigation to be made in such manner as is deemed appropriate. The judge may or may not be notified of the investigation.
9. "Complaint" shall mean information alleging any misconduct by a judge whether or not the alleged misconduct violates the Canons of Judicial Conduct.
10. "Inquiry" shall mean any complaint alleging misconduct which is in violation of the Canons of Judicial Conduct or which would be the basis for retirement, censure, or removal of a judge.
11. "Evidence" shall mean the findings of fact contained in the Commission's order that support the determination that the judge has violated the Canons of Judicial Conduct or that the judge's conduct would be the basis for retirement, censure, or removal.
12. "Charge" shall mean an Inquiry that the Commission determines, after a preliminary investigation by counsel and upon the recommendation of counsel, could be a violation of the Canons of Judicial Conduct or the basis for retirement, censure, or removal of a judge.
13. "Well Founded" shall mean that the Commission has found based upon clear and convincing evidence and supported by facts and sound judgment that the misconduct has occurred.

A. Receipt of Complaints:

1. The Commission requests that all Complaints be submitted in writing to the Commission Office by mail at Post Office Box 367, Richmond, Virginia 23218-0367. Verbal complaints may be considered.
2. Counsel for the Commission shall promptly acknowledge receipt of initial letters of Complaint.
3. Any Complaint not stating a violation of the Canons of Judicial Conduct or which would not be the basis for retirement, censure, or removal of a judge need not be presented to the Commission and the sender will be notified by Commission Counsel.
4. Any Complaint, which Commission Counsel believes to allege a violation of the Canons of Judicial Conduct, or which would be the basis for retirement, censure or removal of a judge, shall be presented to the Commission as an Inquiry.
5. Each Inquiry presented to the Commission shall be numbered and considered by the Commission, along with Commission Counsel's findings and recommendation after a preliminary investigation.
6. If the Commission determines that the Inquiry has no merit, the Inquiry shall be dismissed and Commission Counsel will notify the sender.

B. Establishment of Charges:

1. If the Commission determines that the Inquiry may have merit, it shall establish the Inquiry as a charge and the Commission may direct further investigation or propose an informal conference with the judge.
2. Upon determination that the charge, if well founded, would be the basis for retirement, censure, or removal of a judge, the Commission may proceed with a formal hearing.
3. Disposition of charges shall be as provided in Rule 15 of the Rules of the Commission, or as may be provided by statute.

C. Temporary Suspension / Mental and Physical Examination:

1. In any pending investigation or formal hearing, the Commission may suspend a judge with pay pursuant to Va. Code § 17.1-911.
2. Whenever the Commission has probable cause to believe that a judge is unable to perform his duties because of excessive use of alcohol or drugs or physical or mental illness, the Commission may direct a physical or mental examination pursuant to Va. Code § 17.1-912.

D. Termination of Charges:

1. The Commission may terminate the charge or charges at any time when it determines that the investigation is complete and the charge or charges are without merit or not sufficient to constitute the basis of retirement, censure or removal.
2. The charge or charges against a judge shall be terminated with a finding and an order, signed by the Commission Chairperson and Commission Counsel, and a copy of the finding and order shall be forwarded to the judge if the judge has been made aware of the charge.
3. The finding shall state whether the charge was well-founded and whether of sufficient gravity to constitute the basis for retirement, censure or removal, or whether the charge was well-founded and, with the consent of the judge, an agreement for supervision was reached under terms and conditions approved by the Commission.
4. The order shall state the action taken by the Commission, including the status of the charge on the Commission's docket.
5. Commission Counsel shall notify the complainant when the charge is terminated.

In the discretion of the Commission, a judge who is alleged to have violated the Canons of Judicial Conduct may be invited to meet with the Commission or a member or members to discuss informally the allegations and possible solutions. Counsel may represent the judge but no witnesses will be permitted to testify. If the judge and the Commission do not resolve the matter at such an informal conference, the Commission may remove the matter from the Commission's docket or give the judge notice of a formal proceeding. The Commission may proceed directly to a formal proceeding without first holding an informal conference. Informal conferences shall not be governed by these rules.

1. Number of Copies. Unless otherwise specified, an executed original and eight (8) true copies of each document required or permitted to be filed under these rules shall be filed with the Commission. The copies need not be signed but the name of the person signing the document, as distinguished from the firm he represents, shall also be typed or printed on all copies below the space provided for signature.
2. Facsimile Transmission. Pleadings may not be filed by facsimile transmission.

1. Contents. All pleadings shall contain a proper identification of the case and a concise but complete statement of the facts relied upon and the relief sought.
2. Subscription. Every pleading submitted to the Commission shall be signed by the judge filing same and his attorney. The signature of an attorney or party constitutes a certificate by him that (i) he has read the pleading, motion, or other paper, (ii) to the best of his knowledge, information and belief, formed after reasonable inquiry, it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and (iii) it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. If a pleading, written motion, or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant.
   An oral motion made by an attorney or party before the Commission constitutes a representation by him that (i) to the best of his knowledge, information and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification or reversal of existing law, and (ii) it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.
3. Answers. A judge who receives a Notice of Hearing shall file his answer within 21 days of service. For good cause the Commission or the Presiding Member may shorten or extend the time in which the Answer must be filed. The Answer shall fully and completely state the nature of the defense and shall admit or deny specifically and in detail each allegation of the Notice of Hearing unless the judge is without knowledge, in which case, his Answer shall so state and the statement shall operate as a denial. Matters alleged as affirmative defenses shall be separately stated and numbered.

1. Where Filed. All documents shall be filed with the Commission either by personal delivery at 100 North Ninth Street, Suite 661, Richmond, Virginia 23219 or by mail at Post Office Box 367, Richmond, Virginia 23218-0367. Documents shall be deemed filed on the date of actual receipt by the Commission.
2. Name of Person Filing. Every document shall include the name, address, telephone number and signature of the person filing same.

1. Persons To Be Served. The Commission shall serve its Notice by personal delivery upon the judge. Thereafter documents will be served upon the judge unless he is represented by an attorney in which case succeeding documents shall be served upon his attorney. Documents shall be served upon the Commission by delivering such documents to the Commission's Counsel.
2. Where Served. The Notice shall be served upon the judge at his home, if possible, in order to protect the confidentiality of the proceeding. If the judge cannot be served at his home, he may be served at any place where he may be found.
3. Proof of Service. Proof of service shall accompany all documents when they are filed and shall consist of a certificate of mailing executed by the person mailing the document, an acknowledgement of service, or a certificate of service.

1. Amendments. An amendment to any pleading may be made prior to the filing of answers thereto, or if no answer be filed, prior to its hearing date. The Commission may permit amendments to the pleadings prior to the close of the hearing for the sole purpose of insuring that the pleadings conform to the evidence.
2. Other Documents. All other documents shall be filed within the period established by the Commission or its Presiding Member.

1. Effect of Holidays. When any period of time fixed by these rules shall expire on a Saturday, Sunday or legal holiday, it shall be extended to the next day not a Saturday, Sunday or legal holiday.
2. Extensions of time. Upon good cause shown the Commission or its Presiding Member may grant extensions of time. Motions to continue hearings are regarded with disfavor and will be granted only for extraordinary reasons.

1. Motions. At least fourteen (14) days before the hearing, preliminary motions must be filed. If a prehearing conference is held, such motions must be filed at least fourteen (14) days before the prehearing conference.

2. Prehearing Conference. The Commission or the Presiding Member may on its own motion, the motion of the Commission's Counsel, or the judge's motion, hold prehearing conferences to consider:

   1. The simplification of the issues.
   2. The necessity or desirability of amendments to the pleadings.
   3. The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof.
   4. The limitation of the number of witnesses.
   5. Lists of witnesses.
   6. Stipulations of evidence.
   7. Admissibility of evidence.
   8. Any preliminary motion filed.
   9. Any other procedural matters, which will expedite the hearing, process.

   The prehearing conference will be held at a specified place and date before the Presiding Member after notice or at the beginning of the hearing, as the Presiding Member shall determine. An official reporter may record prehearing conferences.

3. Prehearing Conference Order. The Presiding Member shall prepare a written order which recited the action taken at the prehearing conference, the amendments allowed to the pleadings, and the agreements made by counsel as to any of the matters considered, and any ruling made by the Presiding Member. Such order when entered controls the subsequent course of the action unless modified by the Commission to prevent manifest injustice. The official transcript, if any, of the prehearing conference may serve as the order to the extent that it includes rulings and agreements on material questions raised at the prehearing conference.
4. Discovery. When a judge is formally charged with a violation of the Canons, once the judge obtains the services of an attorney, Commission Counsel promptly will contact the judge's attorney and offer to meet in order to discuss the case. Upon request by the judge's attorney, Commission Counsel will meet with the judge's attorney, outline the Commission's case, summarize what each of the Commission's witnesses is expected to say, and provide copies of all documents that the Commission intends to present at the hearing. It is the intent of the Commission that the judge and the judge's attorney have a clear understanding of the Commission's case in advance of the hearing and that they not be surprised by any of the Commission's evidence presented at the hearing. Any testimony or documents to be presented that come to the attention of Commission Counsel after the initial meeting with the judge's attorney will be disclosed promptly to the judge's attorney. 

1. Application for Subpoenas. An application for a subpoena shall be made at least fourteen (14) days before the hearing.
2. Issuance of Subpoenas. The Commission's Counsel shall issue the subpoenas requested if the application complies with these rules.
3. Service of Subpoenas. Motions to Quash. Subpoenas issued under this section shall be served upon the person to whom directed. Within seven (7) days after service of a subpoena, a motion to quash or modify the subpoena may be filed with the Commission.

1. Order of presentation. The Commission's Counsel shall present the case in chief against the judge, which shall be followed by the case on behalf of the judge. The judge shall be required to attend unless the Commission excuses his appearance.
2. Evidence. Evidence must be material and relevant to the issues. Hearsay evidence is admissible so long as it is material, relevant, and probative. Irrelevant, immaterial, insubstantial, and repetitive evidence shall not be permitted.
3. Objections. Objections to the admission or exclusion of evidence shall be in short form, stating the grounds relied upon. Objections may be stated in writing before the hearing commences. When the hearing is convened, all objections may be orally stated.
4. Exhibits. When written exhibits are offered in evidence, the original and eight (8) copies shall be presented. If the Commission or Presiding Member has not fixed a time for the exchange of exhibits, each party shall exchange copies of exhibits not later than fourteen (14) days before the hearing convenes.
5. Substitution of Copies for Originals. In its discretion, the Commission may permit the withdrawal of original documents offered in evidence and the substitution of true copies.
6. Records in Other Proceedings. If any portion of the record in any other proceeding is offered in evidence, a true copy of the same shall become an exhibit.
7. Transcript. An official reporter shall record hearings.

1. Waivers of any procedural rules shall be in writing and signed by the judge and his attorney and by the Commission's Counsel. If the hearing has been convened, such waivers may be stated on the record rather than in writing.

A. After an investigation has been concluded, the Commission may take any of the following actions:

1. Remove the charges from the Commission's docket.
2. If the Commission finds the charges against the judge to be well founded and of sufficient gravity to constitute the basis for retirement, censure or removal, it shall file a complaint against the judge in the Supreme Court of Virginia.
3. If the Commission finds the charges against the judge to be well founded but not of sufficient gravity to constitute the basis for retirement, censure or removal, it may summon the judge before the Commission or designated Commission members, and advise the judge of its findings. The charges shall then be removed from Commission's the docket but may, nevertheless, be considered with any other future charges against the judge.
4. If the Commission finds the charges against the judge to be well founded, the Commission may, with the consent of the judge, place the judge on a period of supervision under such terms and conditions as the Commission shall determine. Violation of such terms and conditions shall be grounds for a new charge of failure to cooperate with the Commission.
5. If the Commission finds the charges against the judge to be well founded under 15.A. (2), (3), or (4), the Commission shall transmit its findings and final order to the legislature in accordance with Va. Code § 17.1-918 and such information shall be sent to the judge.

B. The Commission may take any of the actions listed in the foregoing sections of this Rule after an informal conference with the judge, provided that the judge consents to such actions.

1. It shall be the responsibility of Counsel to maintain the records of the Commission in the following manner:
2. Proceedings that are disposed of by Counsel or the Commission without an adverse finding by the Commission against a judge.
3. All records related to such proceedings shall be maintained in the Commission's confidential files. Counsel shall destroy such records upon the judge's death, resignation, or retirement not subject to recall.
4. Proceedings that are disposed of by the Commission after an adverse finding by the Commission against a judge.
5. All records related to such proceedings shall be maintained in the Commission's confidential files. Any adverse finding by the Commission against a judge shall be reported by Counsel to the General Assembly pursuant to Rule 15A(5), but shall not be re-reported upon any subsequent election or re-election of the judge. Counsel shall destroy all records relating to an adverse finding by the Commission against a judge upon the judge's death, resignation, or retirement not subject to recall.
6. Proceedings that are disposed of by filing a formal complaint in the Supreme Court of Virginia.
7. All records related to such proceedings shall be maintained in the Commission's confidential files. Counsel shall destroy such records upon the judge's death, resignation, or retirement not subject to recall. A copy of the record and briefs filed in the Supreme Court of Virginia, however, and any order issued by that Court in such proceedings, shall be retained permanently in the Commission's files.
8. All agendas and annotated agendas of the Commission's meetings shall be retained in the Commission's confidential files.
9. Counsel shall report to the Commission on an annual basis as to any records destroyed pursuant to this Rule.