VIRGIN ISLANDS RULES FOR JUDICIAL DISCIPLINARY ENFORCEMENT Rule 209.27. Cases Involving Allegations of Mental or Physical Incapacity

• Jurisdiction: United States

Rule 209.27. Cases Involving Allegations of Mental or Physical Incapacity

1. Involuntary Retirement. A judge may be involuntarily retired when a physical or mental disability seriously interferes with the performance of judicial duties. A judge involuntarily retired by the Supreme Court shall be considered to have retired voluntarily.

2. Initiation of Incapacity Proceeding. An incapacity proceeding can be initiated by a complaint, a claim of inability to defend in a disciplinary proceeding, or an order of involuntary commitment or adjudication of incompetency.

3. Proceedings to Determine Incapacity Generally. All incapacity proceedings shall be conducted in accordance with the procedures for disciplinary proceedings, except that:

(1) the purpose of the incapacity proceedings shall be to determine whether the judge suffers from a physical or mental condition that adversely affects the judge's ability to perform judicial functions;
(2) all of the proceedings shall be confidential;
(3) the Commission may appoint a lawyer to represent the judge if the judge is without representation; and
(4) if the Supreme Court concludes that the judge is incapacitated to hold judicial office, it may enter any order appropriate to the circumstances, the nature of the incapacity, and the probable length of the period of incapacity, including one or more of the following:

(a) retiring the judge;
(b) transferring the judge to judicial incapacity inactive status;
(c) transferring the judge to lawyer incapacity inactive status if the Supreme Court concludes that the judge is incapacitated to practice law;

...