Complaint Assessment

Preliminary Assessment of the Complaint
(1) Upon receipt of the complaint against the judge, a Committee, as shall be constituted by the Commission shall conduct preliminary assessment and investigation of the Complaint.
(2) The Commission based on the recommendation(s) can either reject the complaint or admit the complaint for hearing.

Rejection of a complaint
(1) A complaint shall be rejected if—

a) It is frivolous, vexatious, unwarranted, made for improper purpose, unfounded in law, manifestly without substance or does not warrant further consideration;
b) Raises issues which are outside of the jurisdiction of Commission as it touches on the merit or otherwise of the decision of the Court;
c) It raises a matter which has already been dealt with as an informal resolution satisfactory to the Commission was reached before the complaint was filed or subject Judge has taken appropriate voluntary corrective action that acknowledges and remedies the problems raised by the complaint;
d) Conclude the complaint proceeding in whole or in part upon determining that intervening events render some or all of the allegations moot or make remedial action impossible.

Where the Commission has rejected the complaint at this stage, the Secretary shall notify the complainant and the judge in writing.

Request for response from judge:
The judge shall be served with a copy of the complaint and shall be required to file a written reply within twenty one days (21) from the date of service.


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