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Arkansas Constitution of 1874 Amendment 66. Judicial Discipline and Disability Commission

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(a) COMMISSION:  Under the judicial power of the State, a Judicial Discipline and Disability Commission is established and shall be comprised of nine persons:  three justices or judges, appointed by the Supreme Court;  three licensed attorneys in good standing who are not justices or judges, one appointed by the Attorney General, one by the President of the Senate, and one by the Speaker of the House;  and three members appointed by the Governor.  The members appointed by the Governor shall not be justices or judges, retired justices or judges, or attorneys.  Alternate members shall be selected and vacancies filled in the same manner.

(b) DISCIPLINE, SUSPENSION, LEAVE, AND REMOVAL:  The Commission may initiate, and shall receive and investigate, complaints concerning misconduct of all justices and judges, and requests and suggestions for leave or involuntary disability retirement.  Any judge or justice may voluntarily request that the Commission recommend suspension because of pending disciplinary action or leave because of a mental or physical disability.  Grounds for sanctions imposed by the Commission or recommendations made by the Commission shall be violations of the professional and ethical standards governing judicial officers, conviction of a felony, or physical or mental disability that prevents the proper performance of judicial duties.  Grounds for suspension, leave, or removal from office shall be determined by legislative enactment.

(c) DISCIPLINE:  If, after notice and hearing, the Commission by majority vote of the membership determines that grounds exist for the discipline of a judge or justice, it may reprimand or censure the judge or justice, who may appeal to the Supreme Court.  The Commission may, if it determines that grounds exist, after notice and hearing, and by majority vote of the membership, recommend to the Supreme Court that a judge or justice be suspended, with or without pay, or be removed, and the Supreme court, en banc, may take such action.  Under this amendment, a judge who also has executive or legislative responsibilities shall be suspended or removed only from judicial duties.  In any hearing involving a Supreme Court justice, all Supreme Court justices shall be disqualified from participation.

(d) LEAVE AND RETIREMENT:  If, after notice and hearing, the Commission by majority vote of the membership determines that a judge or justice is unable because of physical or mental disability to perform the duties of office, the Commission may recommend to the Supreme Court that the judge or justice be granted leave with pay or be retired, and the Supreme Court, en banc, may take such action.  A judge or justice retired by the Supreme Court shall be considered to have retired voluntarily as provided by law.

(e) VACANCIES:  Vacancies created by suspension, the granting of leave or the removal of a judge or justice, or vacancies created by disqualification of justices, shall be filled as provided by law.

(f) RULES:  The Supreme Court shall make procedural rules implementing this amendment and setting the length of terms on the Commission.

(g) CUMULATIVE NATURE:  This amendment is alternative to, and cumulative with, impeachment and address authorized by this Constitution.

1. Definition. As used in this section, “decree of spousal support, support or costs” means a decree or order:

A. For spousal support or payment of money instead of spousal support;

B. For support of children;

C. For support pending a divorce action;

D. For payment of related attorney's fees;

E. For alteration of an existing decree or order for the custody or support of a child; or

F. For division and disposition of property ancillary to a divorce judgment, including, but not limited to, proceedings to effectuate a qualified domestic relations order; to reach, attach or liquidate property; or to quiet title.

2. Order pending petition. Pending a petition to enforce a decree of spousal support, support or costs and after notice and opportunity for a hearing, the court may order either spouse to pay to the other spouse or to the other spouse's attorney sufficient money for the prosecution of or defense against the petition.

3. Attorney's fees. Attorney's fees awarded in the nature of support may be made payable immediately or in installments.

4. Enforcement. The court may enforce an order as provided under chapter 65.  1

Cite this article: - Arkansas Constitution of 1874 Amendment 66. Judicial Discipline and Disability Commission - last updated January 01, 2020 |

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