• PART 3 PART 3 — Summary Process

    • 10. Scope

      (1) This Part applies where the Bureau has —
      (a) considered a complaint; and
      (b) concluded that one of the grounds in rule 11 applies.

    • 11. Summary process

      (1) The Bureau may advise the Chief Justice that the judicial office holder concerned should be removed from judicial office without further investigation where the judicial office holder concerned —
      (a) has been convicted in the Emirate of a criminal offence and has been sentenced to imprisonment, including a suspended sentence;
      (b) has been convicted elsewhere of any criminal offence which, if committed in the Emirate, would constitute a criminal offence, and has been sentenced to imprisonment, including a suspended sentence;
      (c) has been committed to prison for contempt of court (including a suspended committal order);
      (d) has been convicted or cautioned in any jurisdiction of an offence involving dishonesty, deception, theft or perverting the course of justice;
      (e) has been convicted or cautioned in any jurisdiction of a sexual offence or of a violent offence;
      (f) is an undischarged bankrupt or a person whose estate has had a sequestration awarded in respect of it and who has not been discharged;
      (g) is subject to a disqualification order or disqualification undertaking under Chapters 9 and 10 of Part 10 of the Companies Regulations 2015;
      (h) has failed to disclose information concerning their suitability to hold judicial office to the person who made the appointment or who made the recommendation or nomination for the appointment which the judicial office holder concerned knew about before their appointment to their judicial office;
      (i) has at any time been subject to any investigation or proceedings concerning their fitness to practice by any licensing body, the final outcome of which was —
      (i) the suspension of the judicial office holder concerned from a register held by the licensing body, and that suspension has not been terminated;
      (ii) the removal of the name of the judicial office holder concerned from a register held by the licensing body;
      (iii) a decision that had the effect of preventing the judicial office holder concerned from practising that profession licensed or regulated by the licensing body; or
      (iv) a decision that had the effect of only allowing the judicial office holder concerned to practise that profession subject to conditions, and those conditions have not been lifted;
      (j) has been removed from another judicial office in accordance with prescribed procedures;
      (k) has failed without reasonable excuse to comply with any sitting requirement specified in the terms of appointment to the judicial office concerned; or
      (1) is subject to any form of restriction or restraint in bringing proceedings before a court or a tribunal in any jurisdiction.
      (2) For the purposes of this rule only, any reference to the Emirate includes the Abu Dhabi Global Market.

    • 12. Procedure

      (1) Before advice may be given under rule 11(1), the Bureau must give the judicial office holder concerned an opportunity to make representations as to —
      (a) whether the alleged ground took place; and
      (b) if so, why the judicial office holder concerned should not be removed from judicial office.
      (2) The judicial office holder concerned must provide the representations referred to in paragraph (1) within 14 business days of the date of the request for such representations.
      (3) The Bureau can continue to provide advice under rule 11(1) if —
      (a) the judicial office holder concerned has provided representations within the time allowed; or
      (b) the time allowed for providing representations has expired and the judicial office holder concerned has not provided any representations.

    • 13. Report

      (1) The Bureau must prepare a report if it intends to advise the Chief Justice under rule 11(1).
      (2) The report must state —
      (a) that one or more of the grounds under rule 11(1) applies; and
      (b) any representations provided by the judicial office holder concerned under rule 12(1).

    • 14. Reporting procedure

      The Bureau must send the report to —

      (a) the Chief Justice; and
      (b) the judicial office holder concerned.