Disciplanary Action
A judge who violates any of the foregoing Canons or Disciplinary Rules is subject to disciplinary action by the Association, which action, if undertaken, shall be undertaken in the following manner:
  1. REPORTING A VIOLATION - GRIEVANCE: A party desiring to report a violation of this Code by a member of this Association to this Association shall do so by certified letter addressed to the State Judging Director for the State in which the violation is alleged to have occurred. Such a report shall be deemed to be and shall be referred to as a "grievance" and shall state in detail the nature of the violation of which complaint is made and the details and circumstances of its occurrence.


  2. DISPOSITION OF GRIEVANCE - PROCEDURE: The State Judging Director in receipt of such grievance shall transmit a copy thereof to the party who is the subject of the grievance and this shall be by registered or certified mail, return receipt requested, with delivery restricted to the addressee only. The envelope in which same is transmitted to such party shall be plainly marked "Personal and Confidential" so as to further insure the confidentiality of the matter at this stage of the proceedings. The State Judging Director shall upon receipt of such grievance convene a panel comprised of such State Judging Director and two other State Judging Directors of her/his selection within the same Region as the State of violation.


    1. A date, time and place shall be fixed for the hearing of the grievance and the party who is the object of such grievance shall be informed and advised in writing of the date, time and location of the hearing (as well as the composition of the panel to hear same) and shall be accorded a reasonable opportunity to appear personally before the panel and to present testimony or other evidence in defense of the charge. 


    2. It shall be optional with the reporting party to attend or not to attend such hearing. The party who is the object of the grievance may elect to present her/his evidence in written form for the consideration of the panel and may elect not appear personally. 


    3. The panel shall, within thirty (30) days from and after the conclusion of the hearing or the review of the written submissions render its decision as to the merit or lack of merit of the grievance.


    4.  
    5. In the event that the grievance is found by a majority of the panel to be without merit, the matter shall thereupon terminate and no further action on such grievance shall be taken either by the panel, the party, the party who is the object of such grievance or the reporting party and the panel shall makes its findings in written form and shall transmit a copy of its findings to the reporting party, to the party against whom the proceedings were initiated and to the National Judging Director for inclusion in the official records of this Association. 


    6. In the event that the grievance is found by a majority of the panel to have merit and disciplinary action (as hereinafter delineated) is taken or to be taken, then, in such event, a report of the panel's findings shall be provided to the reporting party, the party reported upon and to the National Judging Director. The party reported upon and against whom action is to be taken shall have the right to the appeal and findings and judgment if, and only if, less than a unanimous finding and judgment was made by the panel. Such an appeal shall be to the Regional Director whose Region includes the State in which the alleged violation occurred. Such Regional Director shall refer a copy of the record as developed during the proceedings before the State Judging Director to two other Regional Directors of her/his selection and they, solely upon the record thus made at the State Judging Director's level and exclusive of any appearance by the reporting party, the aggrieved party or any other party, such panel shall, within thirty (30) days from and after receipt by all three Regional Judging Directors of a copy of such record make their findings and judgment on the record thus presented and by the majority vote of such panel shall either affirm or sustain or reverse the findings and judgment of the State Judging Director's panel. In the event that the judgment of the State Judging Director's panel's action is reversed and the aggrieved party is thereby exonerated, the matter shall end at that point and there shall be no further proceedings or appeals. In the event that the State Judging Directors panel's findings and judgments are sustained then the matter shall, likewise end; provided, however, that in the event the State Judging Director's panel's findings and judgment are sustained by less than a unanimous vote of the Regional Director's panel, then in such event, the aggrieved party may initiate a further appeal in like manner and within the same time period to a panel composed of the Association's National Judging Director and two Governing Board Members appointed by her. The Findings and Judgment of the Regional Judging Director's panel shall be sent to the reporting party, the aggrieved party and to the National Judging Director for inclusion in the Association's records. 


    7. An appeal to the National Judging Director shall be conducted and resolved in manner similar to that of the resolution of an appeal at the Regional level and shall be based upon the record as initially made at the State Judging Director s level, which record shall be transmitted to the National Judging Director upon her/his request and copies thereof provided to the two Governing Board members by her/him appointed for the purpose of resolving the appeal. At this final level of appeal, a decision of the majority of the panel thus constituted shall be final and there shall be no further appeal permitted. 


    8. All such appeals which the aggrieved person intends to initiate shall be initiated by her/him within fifteen (15) days after receipt by her/him of a copy of the findings from the hearing last held and conducted (or, if not a hearing, the findings resulting from a appeal) in the matter of the subject grievance and with respect to which a majority or more of the panel sustained the grievance. Initiation of an appeal shall be by letter from the aggrieved party that she/he desires the matter be heard by the next higher level of authority within the Association as herein provided. Such letter requesting this appeal shall be termed a "Notice of Appeal" and shall be sent by the aggrieved party by certified mail to the State Judging Director or the Regional Judging Director, as the case may be, who last heard the matter and who was the director selecting the other members of the panel which heard the matter. The date of the posting or delivery of the notice of appeal, whichever shall be sooner, shall be the date of the initiation of the appeal. 


    9. There shall be no appeal from a grievance which a majority of any of the panels herein mentioned found to be without merit. In the event that a majority or more of any panel is unable to agree within the allotted time whether or not a grievance is or is without merit, then, in such event, it shall be deemed that the grievance was without merit.


     
  3. PENALTY - IMPOSITION: The punishment of penalty for a violation of this Code shall be not more than any one of the following for each violation and the punishment to be administered shall be solely and exclusively in the discretion of the panel hearing the matter in the first instance, provided, however, that in fixing the punishment to be administered the panel shall give due consideration to the relative gravity of the offense, the number of previous offenses or infractions by the aggrieved party, if any, and the mitigating or extenuating factors and circumstances bearing upon the infraction as be known to or otherwise brought to the attention of the panel, to-wit:


    1. Letter of reprimand - private - sent only to the aggrieved party and the reporting party 
    2. Letter of reprimand together with the public reprimand in any publication, newsletter or like item published, issued or sponsored by the Association 
    3. Loss of rotation (period to be fixed and determined by the panel but in no event to be in excess of a period of two years) 
    4. Expulsion from the Association for a fixed period of time but not to exceed five (5) years 
    5. Permanent expulsion from the Association.



    The penalties for which provision is herein provided shall be effective fifteen (15) days from and after the date of communication of same to the aggrieved party (same to be part of the findings and judgment of the panel); provided, however, that the initiation of an appeal as herein and within the time for which provision is herein made shall stay the imposition of such penalty pending the resolution of the appeal and any subsequent appeal taken as herein provided. In the event that the aggrieved party is a State Judging Director, a Regional Judging Director or an Officer (other than the National Judging Director, then, in such event, in the case of State and Regional Directors and Officers other than the National Judging Director, the National Judging Director shall designate an appropriate replacement to act as part of the panel instead of the aggrieved party to decide such grievance. If the aggrieved party is the National Judging Director, then, in such event, the replacement shall be designated by the Governing Board of the Association.

    The panel to which an appeal has been taken shall have the prerogative of sustaining the findings and judgment of the panel from which the appeal was taken but a majority of such panel to which appeal was taken shall also have the prerogative of modifying the penalty imposed by, and only by, reducing the severity thereof.

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