6.9(1)Where an inquiry is recommended under subsection 6.7(3) or where the Judicial Council determines on review under subsection 6.7(4) that an inquiry should be held, the chairman shall
(a)
appoint a panel consisting of three members of the Judicial Council, one of whom shall be a person appointed to the Judicial Council in accordance with paragraph 6.1(1)(e), to conduct an inquiry,
(b)
appoint a barrister to act as counsel to the panel, and
(c)
designate one of the members of the panel, other than a judge of the court, as the panel chairman.
6.9(2)The appointment of the counsel to the panel may be revoked at any time and another barrister may be appointed to act as the counsel to the panel.
6.9(2.1)Before appointing a barrister to act as counsel, the chairman shall obtain approval of the Minister for the hourly or other rate by which the barrister is to be remunerated.
6.9(3)A decision by a majority of the members of the panel is a decision of the panel.
6.9(4)For the purposes of the inquiry, the panel chairman may, by summons, require the attendance before the counsel to the panel of any person whose evidence may be material to the subject of the inquiry and may order any person to produce such papers and documents as appear necessary.
6.9(5)A person summoned under subsection (4) shall attend and answer all questions put by the counsel to the panel respecting the subject of the inquiry and shall produce such papers and documents as the counsel to the panel may require.
6.9(6)Where a person summoned under subsection (4) fails to comply with the requirements of subsection (5), the provisions of section 6 of the Inquiries Act apply with the necessary modifications.
6.9(7)The counsel to the panel shall inquire into the suggestions of misconduct, neglect of duty or inability to perform duties on the part of a judge received in a written communication referred to in section 6.6 for the purpose of gathering all information that may be relevant to preparing a formal complaint.
6.9(8)The counsel to the panel shall present the findings to the panel who shall then determine whether there is sufficient evidence to warrant holding a formal hearing.
6.9(9)Where the panel determines that there is not sufficient evidence to warrant holding a formal hearing, the panel shall advise the Judicial Council that no further proceedings shall be taken and shall give the reasons for the decision.
6.9(10)Where the panel determines that there is sufficient evidence to warrant holding a formal hearing, the panel shall advise the Judicial Council that a formal hearing is to be conducted and shall instruct the counsel to the panel to prepare a formal complaint setting forth the allegations of misconduct, neglect of duty or inability to perform duties against the judge whose conduct is in question.
6.9(11)The determinations of the panel referred to in subsections (9) and (10) are not subject to review by the Judicial Council.
6.9(1)Where an inquiry is recommended under subsection 6.7(3) or where the Judicial Council determines on review under subsection 6.7(4) that an inquiry should be held, the chairman shall
(a)
appoint a panel consisting of three members of the Judicial Council, one of whom shall be a person appointed to the Judicial Council in accordance with paragraph 6.1(1)(e), to conduct an inquiry,
(b)
appoint a barrister to act as counsel to the panel, and
(c)
designate one of the members of the panel, other than a judge of the court, as the panel chairman.
6.9(2)The appointment of the counsel to the panel may be revoked at any time and another barrister may be appointed to act as the counsel to the panel.
6.9(2.1)Before appointing a barrister to act as counsel, the chairman shall obtain approval of the Minister of Justice for the hourly or other rate by which the barrister is to be remunerated.
6.9(3)A decision by a majority of the members of the panel is a decision of the panel.
6.9(4)For the purposes of the inquiry, the panel chairman may, by summons, require the attendance before the counsel to the panel of any person whose evidence may be material to the subject of the inquiry and may order any person to produce such papers and documents as appear necessary.
6.9(5)A person summoned under subsection (4) shall attend and answer all questions put by the counsel to the panel respecting the subject of the inquiry and shall produce such papers and documents as the counsel to the panel may require.
6.9(6)Where a person summoned under subsection (4) fails to comply with the requirements of subsection (5), the provisions of section 6 of the Inquiries Act apply with the necessary modifications.
6.9(7)The counsel to the panel shall inquire into the suggestions of misconduct, neglect of duty or inability to perform duties on the part of a judge received in a written communication referred to in section 6.6 for the purpose of gathering all information that may be relevant to preparing a formal complaint.
6.9(8)The counsel to the panel shall present the findings to the panel who shall then determine whether there is sufficient evidence to warrant holding a formal hearing.
6.9(9)Where the panel determines that there is not sufficient evidence to warrant holding a formal hearing, the panel shall advise the Judicial Council that no further proceedings shall be taken and shall give the reasons for the decision.
6.9(10)Where the panel determines that there is sufficient evidence to warrant holding a formal hearing, the panel shall advise the Judicial Council that a formal hearing is to be conducted and shall instruct the counsel to the panel to prepare a formal complaint setting forth the allegations of misconduct, neglect of duty or inability to perform duties against the judge whose conduct is in question.
6.9(11)The determinations of the panel referred to in subsections (9) and (10) are not subject to review by the Judicial Council.
6.9(1)Where an inquiry is recommended under subsection 6.7(3) or where the Judicial Council determines on review under subsection 6.7(4) that an inquiry should be held, the chairman shall
(a)
appoint a panel consisting of three members of the Judicial Council, one of whom shall be a person appointed to the Judicial Council in accordance with paragraph 6.1(1)(e), to conduct an inquiry,
(b)
appoint a barrister to act as counsel to the panel, and
(c)
designate one of the members of the panel, other than a judge of the court, as the panel chairman.
6.9(2)The appointment of the counsel to the panel may be revoked at any time and another barrister may be appointed to act as the counsel to the panel.
6.9(2.1)Before appointing a barrister to act as counsel, the chairman shall obtain approval of the Minister of Justice for the hourly or other rate by which the barrister is to be remunerated.
6.9(3)A decision by a majority of the members of the panel is a decision of the panel.
6.9(4)For the purposes of the inquiry, the panel chairman may, by summons, require the attendance before the counsel to the panel of any person whose evidence may be material to the subject of the inquiry and may order any person to produce such papers and documents as appear necessary.
6.9(5)A person summoned under subsection (4) shall attend and answer all questions put by the counsel to the panel respecting the subject of the inquiry and shall produce such papers and documents as the counsel to the panel may require.
6.9(6)Where a person summoned under subsection (4) fails to comply with the requirements of subsection (5), the provisions of section 6 of the Inquiries Act apply with the necessary modifications.
6.9(7)The counsel to the panel shall inquire into the suggestions of misconduct, neglect of duty or inability to perform duties on the part of a judge received in a written communication referred to in section 6.6 for the purpose of gathering all information that may be relevant to preparing a formal complaint.
6.9(8)The counsel to the panel shall present the findings to the panel who shall then determine whether there is sufficient evidence to warrant holding a formal hearing.
6.9(9)Where the panel determines that there is not sufficient evidence to warrant holding a formal hearing, the panel shall advise the Judicial Council that no further proceedings shall be taken and shall give the reasons for the decision.
6.9(10)Where the panel determines that there is sufficient evidence to warrant holding a formal hearing, the panel shall advise the Judicial Council that a formal hearing is to be conducted and shall instruct the counsel to the panel to prepare a formal complaint setting forth the allegations of misconduct, neglect of duty or inability to perform duties against the judge whose conduct is in question.
6.9(11)The determinations of the panel referred to in subsections (9) and (10) are not subject to review by the Judicial Council.
6.9(1)Where an inquiry is recommended under subsection 6.7(3) or where the Judicial Council determines on review under subsection 6.7(4) that an inquiry should be held, the chairman shall
(a)
appoint a panel consisting of three members of the Judicial Council, one of whom shall be a person appointed to the Judicial Council in accordance with paragraph 6.1(1)(e), to conduct an inquiry,
(b)
appoint a barrister to act as counsel to the panel, and
(c)
designate one of the members of the panel, other than a judge of the court, as the panel chairman.
6.9(2)The appointment of the counsel to the panel may be revoked at any time and another barrister may be appointed to act as the counsel to the panel.
6.9(2.1)Before appointing a barrister to act as counsel, the chairman shall obtain approval of the Minister of Justice and Consumer Affairs for the hourly or other rate by which the barrister is to be remunerated.
6.9(3)A decision by a majority of the members of the panel is a decision of the panel.
6.9(4)For the purposes of the inquiry, the panel chairman may, by summons, require the attendance before the counsel to the panel of any person whose evidence may be material to the subject of the inquiry and may order any person to produce such papers and documents as appear necessary.
6.9(5)A person summoned under subsection (4) shall attend and answer all questions put by the counsel to the panel respecting the subject of the inquiry and shall produce such papers and documents as the counsel to the panel may require.
6.9(6)Where a person summoned under subsection (4) fails to comply with the requirements of subsection (5), the provisions of section 6 of the Inquiries Act apply with the necessary modifications.
6.9(7)The counsel to the panel shall inquire into the suggestions of misconduct, neglect of duty or inability to perform duties on the part of a judge received in a written communication referred to in section 6.6 for the purpose of gathering all information that may be relevant to preparing a formal complaint.
6.9(8)The counsel to the panel shall present the findings to the panel who shall then determine whether there is sufficient evidence to warrant holding a formal hearing.
6.9(9)Where the panel determines that there is not sufficient evidence to warrant holding a formal hearing, the panel shall advise the Judicial Council that no further proceedings shall be taken and shall give the reasons for the decision.
6.9(10)Where the panel determines that there is sufficient evidence to warrant holding a formal hearing, the panel shall advise the Judicial Council that a formal hearing is to be conducted and shall instruct the counsel to the panel to prepare a formal complaint setting forth the allegations of misconduct, neglect of duty or inability to perform duties against the judge whose conduct is in question.
6.9(11)The determinations of the panel referred to in subsections (9) and (10) are not subject to review by the Judicial Council.