Montana Code 3-1-1106. Investigation of judicial officers — complaint — hearing — recommendations
3-1-1106. Investigation of judicial officers — complaint — hearing — recommendations. (1) (a) The commission, upon the filing of a written complaint by any citizen of the state, shall initiate an investigation of any judicial officer in the state to determine if there are grounds for conducting additional proceedings before the commission. If the commission’s investigation indicates that additional proceedings before the commission may be justified, the commission shall require the citizen who filed the original written complaint to sign a verified written complaint by affidavit before conducting additional proceedings.
Terms Used In Montana Code 3-1-1106
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Judicial officers: means justices of the supreme court, judges of the district courts, justices of the peace, municipal judges, and city judges. See Montana Code 1-1-202
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Writing: includes printing. See Montana Code 1-1-203
(b)The commission shall give the judicial officer written notice of the citizen’s complaint and of the initiation of an investigation. Notice must also be given if a verified written complaint by affidavit is filed and must include the charges made, the grounds for the charges, and a statement that the judicial officer may file an answer. The notice must be signed by the commission.
(2)The commission, after an investigation that it considers necessary and on a finding of good cause, shall:
(a)order a hearing to be held before it concerning the censure, suspension, removal, or retirement of a judicial officer;
(b)publicly advise the judicial officer and the supreme court, in writing, that the complaint will be dismissed if the judicial officer files with the commission a letter stating that the officer will take corrective action satisfactory to the commission; or
(c)request that the supreme court appoint one or more special masters who are judges of courts of record to hear and take evidence and to report to the commission.
(3)If after a hearing or after considering the record and the report of the masters the commission finds the charges true, it shall publicly recommend to the supreme court the censure, suspension, removal, or disability retirement of the judicial officer.