Judicial Council Act 2019

59

Investigations of judicial misconduct in absence of, or after withdrawal of, complaint

59. (1) F6[The Judicial Conduct Committee may refer any matter relating to the conduct of a judge, including any matter which was the subject of a complaint in respect of a judge which is withdrawn, to a panel of inquiry for investigation if]

(a) it is satisfied that there exists prima facie evidence of judicial misconduct by the judge, and

(b) it considers it necessary to do so for the purposes of safeguarding the administration of justice.

(2) The provisions of this Part relating to investigations and reports shall apply with all necessary modifications in relation to a matter referred to a panel of inquiry under subsection (1) as if that matter were the subject of a complaint.

(3) Where a matter is referred to the Judicial Conduct Committee under subsection (1) or (2) of section 57 and the Judicial Conduct Committee decides under subsection (1) of this section not to refer the matter that is the subject of the complaint for investigation, no further action shall be taken in relation to that matter and the Registrar shall, as soon as practicable thereafter, notify the complainant and the judge whose conduct is the subject of the withdrawn complaint in writing of that decision.

(4) Where a matter is referred to the Judicial Conduct Committee under subsection (1) or (2) of section 57 and the Judicial Conduct Committee decides under subsection (1) of this section to refer the matter for investigation, the Registrar shall, as soon as practicable thereafter, notify the complainant of that decision.

(5) Where the Judicial Conduct Committee decides under subsection (1) to refer a matter for investigation, the Registrar shall, as soon as practicable thereafter, notify the judge whose conduct is being investigated thereof in writing and provide him or her with particulars of the alleged judicial misconduct concerned.

Annotations:

Amendments:

F6

Substituted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 84, S.I. No. 389 of 2023.