HOUSE DOCKET, NO. 2904        FILED ON: 1/21/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2158

The Commonwealth of Massachusetts

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PRESENTED BY:

Linda Campbell, (BY REQUEST)

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to confidentiality and complaints against judges.

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PETITION OF:

HOUSE DOCKET, NO. 2904        FILED ON: 1/21/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2158

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act relative to confidentiality and complaints against judges.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 211C of the General Laws is hereby amended by adding the following section:-

Section 6. (1) Except as provided in this section, all proceedings of the commission shall be open to the public.The commission shall ensure that a procedure applicable to commission members, counsel and staff is established for enforcing this section.

(2) Notwithstanding the provisions of subdivision (1), No judge who is paid by taxpayers dollars may waive his or her right to confidentiality.

In addition, in any case in which a Judge is named in a complaint, that complaint is to be made public with in 72 hours of the complaint.

The judge and or, the commission shall issue such statements as it deems appropriate in order to confirm the pendency of the investigation, to clarify the procedural aspects of the disciplinary proceedings, to explain the right of the judge to a fair hearing without prejudgment, or to state that the judge denies the allegations.

(3) If the inquiry was initiated as a result of notoriety or because of conduct that is a matter of public record, and is subsequently terminated because there is insufficient cause to proceed, that determantion shall be made public, information concerning the insufficiency of cause to proceed Shall be released by the commission.

(4) Notwithstanding any other provision of this chapter to the contrary, proceedings pursuant to this chapter shall remain open to the public,

even after a finding of sufficient cause, if the judge, the commission, and the complainant, if any, all concur.

(5) If any citizen.State or Local government, or even federal agency, judicial nominating council, or any like agency for screening candidates for judicial appointment which succeeds the judicial nominating council, seeks information or written materials from the commission concerning a judge, in connection with his selection or appointment as a judge, information shall be divulged in accordance to this chapter