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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

Judge Andre Garcia, RTC Branch 5, Iloilo City, is assigned to Civil Action No. 202X-0123. For eight months he fails to read pleadings or motions, fails to set hearings, and delegates the drafting of orders and notices to a staff attorney with minimal personal review. He does not notify the parties of court actions and ultimately signs an order dismissing the case for lack of prosecution without proper notice. Which of the following statements most accurately states the controlling rule on competence and diligence for judges under NCJC Canon 6 and 1989 CJC Canon 4, Rules 3.01 and 3.05, and the appropriate remedy given these facts?

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The judge violated the duty to be competent and diligent; the proper remedy is administrative sanctions by the Supreme Court (en banc) or through the Office of the Court Administrator, including admonition, censure, suspension, or removal; The Supreme Court has exclusive authority to impose such sanctions. A private reprimand by the Court of Appeals is sufficient; This follows from appellate oversight of trial-court personnel. There is no violation if the judge reasonably delegates routine drafting to staff; remedy would be only an internal reminder to the staff; no public sanctions are warranted. The presiding judge of the same RTC may personally admonish the judge; Such admonition alone suffices as the proper remedy.

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