Procedure for removal of judge

Procedure for removal of judge (1) The removal of a judge may be initiated by the Judicial Complaints Commission or by a complaint made to the Judicial Complaints Commission, based on the grounds specified in Article 143. (2) The Judicial Complaints Commission shall, where it decides that a prima facie case has been established against a judge, submit a report to the President. (3) The President shall, within seven days from the date of receiving the report, submitted in accordance with clause (2), suspend the judge from office and inform the Judicial Complaints Commission of the suspension. (4) The Judicial Complaints Commission shall, within thirty days of the judge being suspended from office, in accordance with clause (3)— (a) hear the matter against the judge on the grounds specified in Article 143 (b), (c) and (d); or (b) constitute a medical board, in consultation with the body responsible for regulating health practitioners, to inquire into the matter against the judge based on the ground specified in Article 143(a). (5) Where the Judicial Complaints Commission decides that an allegation based on a ground specified in Article 143(b), (c) and (d) is— (a) not substantiated, the Judicial Complaints Commission shall recommend, to the President, the revocation of the judge’s suspension and the President shall immediately revoke the suspension; or (b) substantiated, the Judicial Complaints Commission shall recommend, to the President, the removal of the judge from office and the President shall immediately remove the judge from office. (6) The proceedings under clause (4) (a) shall be held in camera and the judge is entitled to appear, be heard and be represented by a legal practitioner or other person chosen by the judge. (7) The medical board, constituted in accordance with clause (4) (b), shall consist of not less than three registered health practitioners. (8) The medical board shall, within thirty days of being constituted, examine the judge and report to the Judicial Complaints Commission on the judge’s capacity to perform the judicial functions. (9) Where the medical board recommends to the Judicial Complaints Commission that the judge is— (a) physically or mentally capable of performing the judicial functions, the Judicial Complaints Commission shall recommend to the President the revocation of the judge’s suspension and the President shall immediately revoke the suspension; or (b) not physically or mentally capable of performing the judicial functions, the Judicial Complaints Commission shall recommend to the President the removal of the judge from office and the President shall immediately remove the judge from office. (10) A judge who refuses to submit to an examination, in accordance with clause (8), shall immediately be removed from office by the President. Judicial officers and Chief Administrator