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Committee discusses Judicial Conduct Board rules and limits on disclosure to legislators
Summary
Legal counsel said current Judicial Conduct Board rules allow some past conduct proceedings to be seen by the retention committee but not necessarily by members at large; members suggested exploring rule amendments rather than statutory mandates because of constitutional concerns.
The committee reviewed whether information about past judicial conduct can be shared more broadly with legislators evaluating retention. Eric explained that the Judicial Conduct Board rules currently permit some proceedings or materials to be reviewed by the retention committee but do not necessarily extend that access to all members of the legislature.
"The members at large were not" privy to some information that committee members saw, Eric said, and he cautioned that trying to force broader disclosure by statute could raise constitutional questions because disciplinary control of the judicial branch is implicated. Members discussed contacting the Judicial Conduct Board about potential rule amendments to improve transparency for the retention process.
