Legal Opinion · Dissent

Inquiry Concerning Complaint of Judicial Standards Commission v. Baugh

Montana Supreme Court

Decided June 4, 2014No. PR 14-0078Published

1DissentJustice McKINNON

¶18 “[Njeither laws nor the procedures used to create or implement them should be secret; and... the laws must not be arbitrary.”1 Public confidence in the judiciary, which is at issue in these proceedings, depends on laws that are predictably and uniformly applied. I cannot agree, therefore, with this Court’s decision to impose a sanction more severe than the one recommended by the Judicial Standards Commission when we have not articulated a single rule, standard, or analysis justifying this decision. In rejecting the Commission’s recommendation, the Court fails to set forth a standard of…

2Cases cited36 opinions

  1. Geiler v. Commission on Judicial QualificationsCalifornia Supreme Court · 1973
  2. In Re the Disciplinary Proceeding Against DemingWashington Supreme Court · 1987
  3. In Re BrownMichigan Supreme Court · 1999
  4. In Re Formal Inquiry Concerning Judge DienerCourt of Appeals of Maryland · 1973
  5. In Re ChaissonSupreme Court of Louisiana · 1989

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