Montana Code Annotated 2007

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Constitution of Montana -- Article VII -- THE JUDICIARY


     Section 11. Removal and discipline. (1) The legislature shall create a judicial standards commission consisting of five persons and provide for the appointment thereto of two district judges, one attorney, and two citizens who are neither judges nor attorneys.
     (2) The commission shall investigate complaints, and make rules implementing this section. It may subpoena witnesses and documents.
     (3) Upon recommendation of the commission, the supreme court may:
     (a) Retire any justice or judge for disability that seriously interferes with the performance of his duties and is or may become permanent; or
     (b) Censure, suspend, or remove any justice or judge for willful misconduct in office, willful and persistent failure to perform his duties, violation of canons of judicial ethics adopted by the supreme court of the state of Montana, or habitual intemperance.
     (4) The proceedings of the commission are confidential except as provided by statute.

     History: Amd. Const. Amend. No. 9, approved Nov. 4, 1980; amd. Const. Amend. No. 13, approved Nov. 6, 1984.

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