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Matter before panel of inquiry concerning health of judge
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72. (1) Where during the course of an investigation by a panel of inquiry under this Chapter, the panel of inquiry forms the view that the conduct that is the subject of the complaint under investigation may be related to the health (whether physical or mental) of the judge concerned, the panel of inquiry shall, having given the judge concerned an opportunity to address the matter, prepare, and submit to the Judicial Conduct Committee, a report in writing stating that view and the reasons therefor.
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(2) Where the judge concerned informs the panel of inquiry that he or she has taken, or is taking, steps to address the matter related to his or her health referred to in subsection (1), the panel of inquiry shall specify those steps in its report under that subsection.
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(3) The Judicial Conduct Committee, upon receiving a report under subsection (1), shall as soon as practicable thereafter—
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(a) where the judge concerned is an ordinary judge of the Supreme Court, submit the report to the Chief Justice,
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(b) where the judge concerned is an ordinary judge of the Court of Appeal, the High Court or the Circuit Court or a specialist judge of the Circuit Court or a judge of the District Court other than the President of that Court, submit the report to the President of the Court of which the judge concerned is a judge,
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(c) where the judge concerned is the President of the Court of Appeal, the President of the High Court, the President of the Circuit Court or the President of the District Court, submit the report to the Chief Justice, or
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(d) where the judge concerned is the Chief Justice, submit the report to the President of the Court of Appeal, the President of the High Court, the President of the Circuit Court and the President of the District Court.
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(4) In the circumstances referred to in subsection (2), the investigation of the complaint concerned shall be discontinued and the Registrar shall notify the complainant and the judge concerned thereof in writing.
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(5) Where a panel of inquiry makes a report under subsection (1) and the circumstances referred to in subsection (2) do not apply, it shall adjourn the investigation of the complaint concerned and the registrar to the panel of inquiry shall notify the complainant and the judge concerned in writing of the adjournment.
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(6) Other than in the circumstances referred to in subsection (2), where the Chief Justice, the President of the Court of Appeal, the President of the High Court, the President of the Circuit Court or the President of the District Court receives a report under subsection (3), he, she or they, as the case may be, may—
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(a) recommend to the judge concerned that—
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(i) he or she seek medical or other specified assistance, or
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(ii) take such other steps as the judge or judges who received the report consider appropriate,
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and
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(b) prepare, and submit to the Judicial Conduct Committee, a report in relation to the making of the recommendation under paragraph (a).
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(7) If a judge to whom a recommendation is made under subsection (6)(a) complies with the recommendation, the investigation of the complaint concerned shall be discontinued and the Registrar shall notify the complainant and the judge concerned thereof in writing.
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(8) If a judge to whom a recommendation is made under subsection (6)(a) does not comply with the recommendation, the judge or judges who made the recommendation shall prepare, and submit to the Judicial Conduct Committee, a report in relation to the judge’s not complying with that recommendation.
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(9) The Judicial Conduct Committee may, upon receiving a report under subsection (8), direct the panel of inquiry to continue the investigation of the complaint concerned.
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(10) Where the Judicial Conduct Committee gives a direction under subsection (9), the Registrar shall notify the complainant and the judge concerned thereof in writing.
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