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← 161 Vt. 636 - In Re Steady

In Re Steady’s Empirical Analysis

1994

Citation profile

10
cited by 10 later decisions
5
states following
October 2014
most recently cited

10 state decisions

Relationships

Relies on In the Matter of Probert · State v. Wheel · In Re O'Dea · In Re Romero · 175 W. Va. 577 - West Virginia Judicial Hearing Board v. Romanello

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “A primary purpose of judicial discipline is to “preserve and enhance public confidence in the integrity and fairness of the justice system.” [In re] O’Dey, 159 Vt. [590,] 602, 622 A.2d [507,] 515 [(1993)]. These goals cannot be accomplished using either of the methods proposed by the dissent - disciplining ex-judges as attorneys through the Professional Conduct Board or disciplining ex-judges through the JCB only if they return to office. Applying this rule, any nonattorney judge can escape discipline for a code violation, no matter how serious, by resigning. Even after leaving office, an ex-judge retains the status of the judicial office on his resume. The public is entitled to know if the record is tarnished. We agree with Justice Billings’ observation that the judicial conduct rules did not intend nonattorney judges to avoid discipline by resigning and “that to interpret the rules in accordance with [that view] would emasculate them and thwart the Court’s duty to preserve and protect the integrity of the judiciary.” In re Fienberg, 139 Vt. 511, 513 , 430 A.2d 1282, 1283 (1981) (Billings, J., dissenting); see also West Virginia Judicial Hearing Board v. Romanello, 175 W.Va. 577 , 336 S.E.2d 540, 541 (1985) (court “would be ill-advised to establish a precedent that would allow a judge ... to escape punishment for [ethics violations] by resigning from office”); In re Sheppard, 815 S.W.2d 917, 920 (Tex.Spec.Ct.Rev. 1991), (judicial conduct board retains jurisdiction over retir”
    1 later decision quote this exact passage
  2. “The defendant claimed that when her term of office terminated and she was not reelected, all jurisdiction over her with respect to judicial discipline terminated. It is the view of this Court that jurisdiction for purposes of judicial discipline attaches when a complaint is filed during judicial tenure relating to acts done as a judicial officer, and persists until ousted by some affirmative legal requirement. . . . Even though the circumstance that judicial office is no longer occupied may make certain dispositions inappropriate, this does not impair jurisdiction ....”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.