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1998 SESSION
981886432Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding sections numbered 2.1-37.12:1 and 2.1-37.12:2 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. In no case shall an investigation or formal hearing be
conducted [ or a suspension imposed ] during
the pendency of a 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.
§ 2.1-37.12:2. Physical or mental examination.
A. Whenever the Commission has probable cause to believe a judge is unable
to perform his duties as a judge because of excessive use of alcohol or drugs
or physical or mental illness, the Commission, after preliminary investigation
by informal conference, may direct that the judge submit to a mental or
physical examination by a health care provider [ of his
choice ] approved by the Commission [ after
consultation with the judge ] . The health care provider's report
shall be in writing. Upon request, the judge shall provide the Commission with
all waivers and releases necessary to authorize the Commission to receive all
medical records, reports, and information from any health care provider
regarding the judge's mental or physical condition.
B. Any judge ordered to be examined pursuant to this section shall be afforded reasonable notice and an opportunity for a hearing before such examination is conducted as to any matters regarding the examination and as to whether there is probable cause to believe that the judge is unable to perform his duties as a judge because of excessive use of alcohol or drugs or physical or mental illness. During such hearing, the judge shall have the right to call witnesses on his behalf.
C. All costs related to examinations conducted at the direction of the
Commission shall be paid out of sums appropriated for the operation of the
Commission. The failure of a judge to submit to an examination ordered
pursuant to this section or to provide waivers and releases required by this
section shall constitute grounds for a new charge [ of failure
to cooperate with the Commission ] .