1.   There shall be a commission on judicial conduct, existing as an independent agency of the
               judicial branch, and consisting of a judge selected by and from the court of appeals judges, a
               judge selected by and from the superior court judges, a judge selected by and from the district
               court judges, two persons admitted to the practice of law in this state selected by the state bar
               association, and six persons who are not attorneys appointed by the governor.

         2.   Whenever the commission receives a complaint against a judge or justice, or otherwise has
               reason to believe that a judge or justice should be admonished, reprimanded, censured,
               suspended, removed, or retired, the commission shall first investigate the complaint or belief
               and then conduct initial proceedings for the purpose of determining whether probable cause
               exists for conducting a public hearing or hearings to deal with the complaint or belief. The
               investigation and initial proceedings shall be confidential. Upon beginning an initial proceeding,
               the commission shall notify the judge or justice of the existence of and basis for the initial
               proceeding.

         3.   Whenever the commission concludes, based on an initial proceeding, that there is probable
               cause to believe that a judge or justice has violated a rule of judicial conduct or that the judge
               or justice suffers from a disability which is permanent or likely to become permanent and
               which seriously interferes with the performance of judicial duties, the commission shall conduct
               a public hearing or hearings and shall make public all those records of the initial proceeding
               that provide the basis for its conclusion. If the commission concludes that there is not probable
               cause, it shall notify the judge or justice of its conclusion.

         4.   Upon the completion of the hearing or hearings, the commission in open session shall either
               dismiss the case, or shall admonish, reprimand, or censure the judge or justice, or shall censure
               the judge or justice and recommend to the supreme court the suspension or removal of the
               judge or justice, or shall recommend to the supreme court the retirement of the judge or
               justice. The commission may not recommend suspension or removal unless it censures the
               judge or justice for the violation serving as the basis for the recommendation. The commission
               may recommend retirement of a judge or justice for a disability which is permanent or likely to
               become permanent and which seriously interferes with the performance of judicial duties.

         5.   Upon the recommendation of the commission, the supreme court may suspend, remove, or
               retire a judge or justice. The office of a judge or justice retired or removed by the supreme
               court becomes vacant, and that person is ineligible for judicial office until eligibility is reinstated
               by the supreme court. The salary of a removed judge or justice shall cease. The supreme court
               shall specify the effect upon salary when it suspends a judge or justice. The supreme court may
               not suspend, remove, or retire a judge or justice until the commission, after notice and hearing,
               recommends that action be taken, and the supreme court conducts a hearing, after notice, to
               review commission proceedings and findings against the judge or justice.

         6.   Within thirty days after the commission admonishes, reprimands, or censures a judge or
               justice, the judge or justice shall have a right of appeal de novo to the supreme court.

         7.   Any matter before the commission or supreme court may be disposed of by a stipulation
               entered into in a public proceeding. The stipulation shall be signed by the judge or justice and
               the commission or court. The stipulation may impose any terms and conditions deemed
               appropriate by the commission or court. A stipulation shall set forth all material facts relating to
               the proceeding and the conduct of the judge or justice. [Emphasis added by Doug Schafer.]

         8.   Whenever the commission adopts a recommendation that a judge or justice be removed, the
               judge or justice shall be suspended immediately, with salary, from his or her judicial position
               until a final determination is made by the supreme court.

        9.   The legislature shall provide for commissioners' terms of office and compensation. The
               commission shall employ one or more investigative officers with appropriate professional
               training and experience. The investigative officers of the commission shall report directly to the
               commission. The commission shall also employ such administrative or other staff as are
               necessary to manage the affairs of the commission.

       10.   The commission shall, to the extent that compliance does not conflict with this section, comply
               with laws of general applicability to state agencies with respect to rule-making procedures, and
               with respect to public notice of and attendance at commission proceedings other than initial
               proceedings. The commission shall establish rules of procedure for commission proceedings
               including due process and confidentiality of proceedings. [AMENDMENT 85, 1989
               Substitute Senate Joint Resolution No. 8202, p 3000. Approved November 7, 1989.]