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2001 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 2.1-37.12:1 of the Code of Virginia is amended and reenacted as follows:
§ 2.1-37.12:1. Suspension of judge.
A. In any pending investigation or formal hearing, the Commission may suspend a judge with pay if it finds that there is probable cause to believe that the continued performance of judicial duties by the judge constitutes both a substantial and immediate threat to the public interest in the administration of justice.
B. The Commission shall give the judge reasonable notice of such suspension as
prescribed by the rules of the Commission and, if requested by the judge or his
attorney, shall schedule a hearing during the first fifteen days of the
suspension in order to determine whether justice would be served for the
suspension to continue until the completion of the investigation or formal
hearing. There shall be no investigation or formal hearing conducted or a
suspension imposed relating to matters which are the subject of a pending
criminal case in which a judge is the defendant until final disposition of such
case by a court of competent jurisdiction, including the exhaustion of all
appeals.
C. Any judge whose powers are suspended by the Commission shall not exercise judicial powers during such suspension, but shall continue to be bound by the Canons of Judicial Conduct.