This web
page
contains the full text ofRule
140 - Rules of CourtCharges
Against
Judges of First Instance
CHARGES AGAINST
JUDGES OF FIRST
INSTANCE
Rule 140
Section 1. Complaint. - All charges against judges of
first
instance shall be in writing and shall set out distinctly, clearly, and
concisely the facts complained of as constituting the alleged serious
misconduct
or inefficiency of the respondent, and shall be sworn to and supported
by affidavits of persons who have personal knowledge of the facts
therein
alleged, and shall be accompanied with copies of documents which may
substantiate
said facts.
Sec. 2. Service or dismissal. - If the charges appear to merit
action,
a copy thereof shall be served upon the respondent, requiring him to
answer
within ten (10) days from the date of service. If the charges
do
not merit action, or if the answer shows to the satisfaction of the
court
that the charges are not meritorious, the same shall be dismissed.chanrobles virtua law library
Sec. 3. Answer; hearing. - Upon the filing of respondent's
answer,
or upon the expiration of the time for its filing, the court shall
assign
one of its members, a Justice of the Court of Appeals or a judge of
first
instance to conduct the hearing of the charges. The Justice or judge so
assigned shall set a day for the hearing, and notice thereof shall be
served
on both parties. At such hearing the parties may present oral or
written
evidence.
Sec. 4. Report. - After the hearing, the Justice or judge
shall file with the Supreme Court a report of his findings of facts and
conclusions of law, accompanied by the evidence presented by the
parties
and the other parties in the case.chanrobles virtua law library
Sec. 5. Action. - After the filing of the report, the court
will
take such action as the facts and the law may warrant.
Sec. 6. Confidential. - Proceedings against judges
of
first instance shall be private and confidential.chanrobles virtua law library
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