MINNESOTA COURT RULES

PROFESSIONAL RULES

Rules of Board on Judicial Standards

Definitions:

"Board" means the Minnesota Board on Judicial Standards.

"Censure" is a formal public sanction by the Supreme Court based on a finding that the judge has committed serious misconduct.

"Complaint" is information in any form from any source received by the board that alleges or from which a reasonable inference can be drawn that a judge committed misconduct or has a disability.

"Deferred Disposition Agreement" is an agreement between the judge and the board for the judge to undergo treatment, participate in education programs, or take other corrective action, based upon misconduct or disability that can be addressed through treatment or a rehabilitation program.

"Disability" is a physical or mental condition of a judge that seriously interferes with the capacity of the judge to perform judicial duties, including, but not limited to, impairment due in whole or in part from habitual or excessive use of intoxicants, drugs, or controlled substances. A disability may be permanent or temporary.

"Evaluation" is a prompt, discreet, and limited inquiry by the executive secretary into the facts and circumstances of any complaint or information that alleges conduct listed in Rule 4(a).

"Formal Complaint" is a complaint upon which the board has determined to conduct a public hearing.

"Formal Statement of Disability Proceeding" is a statement that the board has determined to conduct a public hearing to determine the appropriate action with regard to a judge alleged to have a disability.

"Investigation" is a full inquiry, with the authorization of the board, into the facts and circumstances of any complaint or information that alleges conduct listed in Rule 4(a).

"Judge" is any judge, including a full-time, part-time, or senior judge, judicial officer, referee, magistrate, or other hearing officer employed in the judicial branch of the state of Minnesota, any judge of the Minnesota Tax Court, any judge of the Workers' Compensation Court of Appeals, and the Chief Administrative Law Judge.

"Letter of Caution" is a nondisciplinary letter that advises the judge regarding future conduct.

"Private Admonition" is a nonpublic sanction imposed by the board for misconduct of an isolated and non-serious nature.

"Public Reprimand" is a public sanction imposed by the board or hearing panel based on a finding that the judge has committed serious misconduct.

"Reasonable Cause" is a reasonable belief in the existence of facts warranting discipline or a finding of disability.

"Senior Judge" is a "Retired Judge Subject to Recall" within the meaning of Part II, Application, Minnesota Code of Judicial Conduct.

(Amended effective January 1, 1996; amended effective July 1, 2009; amended effective July 1, 2016.)