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1997 SESSION

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973554432
HOUSE JOINT RESOLUTION NO. 625 House Amendments in [ ] -- February 4, 1997 Establishing a joint subcommittee to study the Judicial Inquiry and Review Commission. ---------- Patron-- Robinson ---------- Referred to Committee for Courts of Justice ----------

WHEREAS, the Judicial Inquiry and Review Commission was established under the Virginia Constitution of 1971, providing a system under which to investigate, discipline and remove from service disabled and unfit judges without resorting to the cumbersome process of impeachment; and

WHEREAS, the Virginia Supreme Court is responsible for disciplining judges who are charged by the Commission with violations of the conduct standards contained in the Canons of Judicial Conduct; and

WHEREAS, the General Assembly has the constitutional duty to elect all members of the judiciary and, along with that duty, the responsibility to evaluate judges on their individual fitness and performance; and

WHEREAS, the statutory scheme establishing the Judicial Inquiry and Review Commission clearly indicates that the work of the Commission is intended to assist the Supreme Court and the legislature in their evaluation processes; and

WHEREAS, there is a need to evaluate Virginia's system of disciplining judges and how that system relates to the evaluation and retention of judges; and

WHEREAS, it is the responsibility of the legislature to make informed decisions on behalf of the citizens of the Commonwealth while preserving the integrity and independence of the entire judicial branch; now, therefore, be it

RESOLVED by the House of Delegates, the Senate concurring, That a joint subcommittee be established to study the Judicial Inquiry and Review Commission. The joint subcommittee shall be composed of [ nine 7 ] members as follows: [ five 4 ] members of the House of Delegates, to be appointed by the Speaker of the House, and [ four 3 ] members of the Senate, to be appointed by the Senate Committee on Privileges and Elections.

The direct costs of this study shall not exceed $ 5,400.

The Division of Legislative Services shall provide staff support for the study. The Judicial Inquiry and Review Commission and the Supreme Court are requested to provide assistance to the joint subcommittee, upon request.

The joint subcommittee shall complete its work in time to submit its findings and recommendations to the Governor and the 1998 Session of the General Assembly as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents.

Implementation of this resolution is subject to subsequent approval and certification by the Joint Rules Committee. The Committee may withhold expenditures or delay the period for the conduct of the study.