In re Proceedings Before the Commission on Judicial Tenure & Discipline

Supreme Court of Rhode Island

In re Proceedings Before the Commission on Judicial Tenure & Discipline

499 A.2d 751, 1985 R.I. LEXIS 597

CourtSupreme Court of Rhode Island

DecidedOctober 31, 1985

DocketNo. 85-241-M.P.

StatusPublished

This text of 499 A.2d 751 (In re Proceedings Before the Commission on Judicial Tenure & Discipline) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Proceedings Before the Commission on Judicial Tenure & Discipline, 499 A.2d 751, 1985 R.I. LEXIS 597 (R.I. 1985).

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Opinion

OPINION

PER CURIAM.

The issue presented in this proceeding is whether a judge against whom a complaint [752]*752has been filed with the Commission on Judicial Tenure and Discipline when served with a subpoena directing that judge to appear before the Commission is required to testify relative to the complaint and to bring with him records, books, papers and other materials detailed in the subpoena.

After consideration of arguments and briefs of the respective counsel, the court is of the opinion: (1) the hearing before the Commission is a civil proceeding; (2) the judge subject to the investigation or any witness is required to respond to the Commission’s subpoena and testify; and (3) the judge being investigated or any other witness while testifying can invoke the privilege against self-incrimination as guaranteed by both the Federal and Rhode Island Constitutions.

BEVILACQUA, C.J., did not participate.

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OPINION

PER CURIAM.

The issue presented in this proceeding is whether a judge against whom a complaint [752]*752has been filed with the Commission on Judicial Tenure and Discipline when served with a subpoena directing that judge to appear before the Commission is required to testify relative to the complaint and to bring with him records, books, papers and other materials detailed in the subpoena.

After consideration of arguments and briefs of the respective counsel, the court is of the opinion: (1) the hearing before the Commission is a civil proceeding; (2) the judge subject to the investigation or any witness is required to respond to the Commission’s subpoena and testify; and (3) the judge being investigated or any other witness while testifying can invoke the privilege against self-incrimination as guaranteed by both the Federal and Rhode Island Constitutions.

BEVILACQUA, C.J., did not participate.

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Bluebook (online)

499 A.2d 751, 1985 R.I. LEXIS 597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-proceedings-before-the-commission-on-judicial-tenure-discipline-ri-1985.