Felonies and Official-Misconduct Misdemeanors

(a) On Indictment or Charge. Upon a judge’s indictment or charge with a felony or official-misconduct misdemeanor, the Commission must immediately:

(1) suspend a judge from office, with or without pay;

(2) file a complaint against the judge for misconduct stemming from the offense; or

(3) both.

(b) Hearing. If the judge is suspended under paragraph (a)(1), the judge may request a hearing to demonstrate that continued service would not jeopardize the interests of parties involved in court proceedings over which the judge would preside nor impair public confidence in the judiciary. The request must be filed with the Commission within 30 days after receipt of the suspension order. The Commission must schedule a hearing within 30 days after the request is filed. Within 60 days after the hearing, the Commission must notify the judge whether the suspension will be continued, withdrawn, or modified.

(c) On Conviction or Deferred Adjudication.

(1) Absent an appeal, a judge is automatically removed from the office if the judge is convicted of or is granted deferred adjudication for a felony or an official-misconduct misdemeanor.

(2) If the judge appeals, the Commission must suspend the judge without pay during the pendency of the appeal.