Log In Create Account
Codal Library

SECTION 31. Petition for judicial clemency - Code of Judicial Conduct / Ethics

SECTION 31. Petition for judicial clemency of Code of Judicial Conduct / Ethics. SECTION 31. Petition for judicial clemency. - The verified petition for judicial clemency shall allege the following: that the verified petition

  • Subjects 9 Bar syllabus groups
  • Codals 48 Primary legal sources

Code of Judicial Conduct / Ethics

SECTION 31. Petition for judicial clemency. - The verified petition for judicial clemency shall allege the following:

  1. that the verified petition was filed after five years from the receipt of the order, decision, or resolution on the dismissal from service;

  2. that the dismissed judge has fully complied with the terms and conditions of all prior disciplinary orders, including orders for restitution;

  3. that the judge recognizes the wrongfulness and seriousness of the misconduct for which they were dismissed by showing positive acts evidencing reformation;

  4. the judge has reconciled, or attempted in good faith to reconcile, with the wronged private offended party in the administrative case, or if the same is not possible, an explanation as to why such attempt at reconciliation could not be made. Where there is no private offended party, the plea for clemency must contain a public apology; and

  5. notwithstanding the conduct for which the judge was dismissed, they have the requisite good moral character and competence.

Any of the following allegations may also be made in support of the petition:

  1. that the judge still has productive years that can be put to good use if given a chance; or

  2. there is a showing of promise (such as intellectual aptitude, learning or legal acumen or contribution to legal scholarship and the development of the legal system or administrative and other relevant skills), as well as potential for public service.

Clara

Hello