• PART 2 PART 2 — Investigation By The Bureau

    • 6. Scope

      This Part applies where —

      (a) a complaint is made to the Bureau;
      (b) the Chief Justice refers a complaint to the Bureau in accordance with rule 10 of the Judicial Discipline Rules; or
      (c) a nominated judge refers a case to the Bureau under rule 32(1).

    • 7. Procedure

      (1) The Bureau must dismiss a complaint, or part of a complaint, if it falls into any of the following categories —
      (a) it does not adequately particularise the matter complained of;
      (b) it is about a judicial decision or judicial case management, and raises no question of misconduct;
      (c) the action complained of was not done or caused to be done by a person holding judicial office;
      (d) it is vexatious;
      (e) it is without substance;
      (f) even if true, it would not require any disciplinary action to be taken;
      (g) it is untrue, mistaken or misconceived;
      (h) it raises a matter which has already been dealt with, whether under these Rules or otherwise, and does not present any material new evidence;
      (i) it is about a person who no longer holds a judicial office;
      (j) it is about the private life of a person holding a judicial office and could not reasonably be considered to affect their suitability to hold judicial office;
      (k) it is about the professional conduct in a non-judicial capacity of a person holding judicial office and could not reasonably be considered to affect their suitability to hold judicial office;
      (l) for any other reason it does not relate to misconduct by a person holding judicial office.
      (2) The Bureau may not dismiss a complaint under paragraph (1)(a) unless it has given the complainant an opportunity to provide adequate details of the complaint. A complainant must provide any further details within 14 business days of the request for details made by the Bureau to the complainant.
      (3) Where an account of the facts given by a complainant differs from an account given by the judicial office holder concerned, the Bureau must consider any source of independent evidence which exists and which may help to verify the facts in dispute before it dismisses a complaint, unless to do so would be disproportionate in all the circumstances.
      (4) Where the Bureau dismisses a complaint, it must inform —
      (a) the complainant of the dismissal and the reasons for it; and
      (b) if they are aware of the complaint, the judicial office holder concerned.
      (5) Where the Bureau does not dismiss a complaint under paragraph (1), it must —
      (a) deal with the complaint under the summary process (Part 3); or
      (b) refer the complaint to a nominated judge to consider (Part 4).

    • 8. Procedure to be followed before a referral is made to a nominated judge

      (1) Before a referral can be made to a nominated judge, the Bureau must —
      (a) provide the judicial office holder with —
      (i) the complaint, including any supporting documents (see rule 2(5)); and
      (ii) any other information that the Bureau has obtained when considering the complaint;
      (b) invite the judicial office holder concerned to comment upon the complaint within 14 business days of the invitation to do so; and
      (c) consider any comments received from the judicial office holder concerned.
      (2) The Bureau can continue to refer the complaint to a nominated judge if —
      (a) the judicial office holder concerned has provided comments within the time required under paragraph (1)(b); or
      (b) the time has elapsed for providing comments and the judicial office holder concerned has not responded.

    • 9. Interim suspension

      Rule 14 of the Judicial Discipline Rules governs the procedure relating to the possible interim suspension of a judicial office holder.