• PART 4 PART 4 — Consideration By Nominated Judge

    • 15. Scope

      This Part applies where —

      (a) the Bureau refers a complaint to a nominated judge under rule 7(5); or
      (b) the Chief Justice refers a complaint to a nominated judge under rule 10 of the Judicial Discipline Rules.

    • 16. Consideration by nominated judge

      (1) The nominated judge must consider a complaint and —
      (a) determine the facts of the matter;
      (b) determine whether the facts amount to misconduct; and
      (c) advise as to whether disciplinary action should be taken and, if so, what.
      (2) Any question as to whether a fact is established must be decided on the balance of probabilities.
      (3) For the purposes of considering a complaint, the nominated judge may —
      (a) make such inquiries into the allegation as they consider appropriate;
      (b) request any documents which appear to be relevant;
      (c) interview any person they consider appropriate.

    • 17. Dismissal, referral and recommendations by nominated judge

      (1) The nominated judge may —
      (a) in the case of a referral of a complaint by the Chief Justice, advise the Chief Justice that a complaint should be dismissed;
      (b) dismiss a complaint;
      (c) deal with a complaint informally and direct that it may be considered as a pastoral or training matter;
      (d) recommend that disciplinary action should be taken; or
      (e) refer a complaint to an investigating judge in accordance with paragraph (4).
      (2) A nominated judge may only dismiss a complaint under paragraph (1)(b) or make a direction under paragraph (1)(c) where they consider that there has been no misconduct.
      (3) Where the nominated judge dismisses a complaint under paragraph (1)(b) or makes a direction under paragraph (1)(c), they must inform the —
      (a) complainant of the dismissal and the reasons for it and, if applicable, that a direction has been given that the complaint is to be considered as a pastoral or training matter; and
      (b) judicial office holder concerned.
      (4) The nominated judge may refer a complaint, or part of a complaint, to an investigating judge to investigate in accordance with Part 5 where they consider that a complaint is sufficiently serious or complex or that a detailed investigation is required to establish the facts of a complaint.
      (5) Where a complaint is referred to an investigating judge, the nominated judge must inform the judicial office holder concerned and the complainant accordingly.

    • 18. Report of nominated judge

      (1) The nominated judge must prepare a report if they —
      (a) advise the Chief Justice under rule 17(1)(a) to dismiss a complaint;
      (b) recommend that disciplinary action should be taken.
      (2) Where the nominated judge advises dismissal of a complaint the report must state —
      (a) the findings of fact made by nominated judge; and
      (b) the reasons why the complaint should be dismissed.
      (3) Where the nominated judge considers that the judicial office holder concerned should be removed or suspended from judicial office the report must state —
      (a) the findings of fact made by the nominated judge;
      (b) the nature of the misconduct; and
      (c) the reasons why the nominated judge considers removal or suspension from judicial office to be an appropriate sanction.
      (4) Where the nominated judge considers that some other disciplinary action should be taken in relation to the complaint the report must state —
      (a) the findings of fact made by the nominated judge;
      (b) the nature of the misconduct;
      (c) the disciplinary action that the nominated judge considers should be taken and the reasons for such action; and
      (d) the reasons why the nominated judge considers that further investigation is not necessary.

    • 19. Reporting procedure and referral to a disciplinary panel

      (1) The nominated judge must send their report to the Bureau.
      (2) The Bureau must send the report to the judicial office holder concerned at the same time as it is sent to the Bureau.
      (3) When sending the report to the judicial office holder concerned and where the report recommends removal or suspension from judicial office, the Bureau must ask the judicial office holder concerned if they require a disciplinary panel to consider the complaint.
      (4) The judicial office holder concerned may —
      (a) provide comments on the nominated judge's report to the Bureau;
      (b) make representations to the Bureau regarding the need for further investigation into the complaint;
      (c) where the report recommends removal or suspension from judicial office, state whether they require a disciplinary panel to consider the complaint.
      (5) The judicial office holder concerned must respond under paragraph (4) within 14 business days of the day that the report is sent to them.
      (6) If the judicial office holder concerned confirms in accordance with paragraph (4)(c) that they require a disciplinary panel to consider the complaint, the Bureau must —
      (a) refer the complaint to a disciplinary panel in accordance with Part 6 of these Rules; and
      (b) send the report and any comments received under paragraph (4) to the disciplinary panel.
      (7) In all other cases where a report has been prepared under rule 18(1), the Bureau must send the report and comments to the Chief Justice.