Bill Summary – FastDemocracy

                                                     Unofficial Draft Copy
****                                                 As of: 11/24/2024, 10:17:55
69th Legislature 2025                                Drafter: Rachel Weiss, ****                                       LC 0058
                                                     **** BILL NO. ****
                                                  INTRODUCED BY ****
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  A BILL FOR AN ACT ENTITLED: “AN ACT REQUIRE THE JUDICIAL STANDARDS COMMISSION TO SEND
  RECOMMENDATIONS FOR DISCIPLINE OF A JUDICIAL OFFICER TO THE HOUSE OF
  REPRESENTATIVES; AND AMENDING SECTION 3-1-1106, MCA.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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           Section 1. Section 3-1-1106, MCA, is amended to read:
           "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.
           (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
                                                                 -1-                                                      LC 58
                                                   Unofficial Draft Copy
****                                               As of: 11/24/2024, 10:17:55
69th Legislature 2025                              Drafter: Rachel Weiss, ****                                  LC 0058
  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 and the house of representatives the
  censure, suspension, removal, or disability retirement of the judicial officer."
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