Section 117 Reviews
If, following an investigation, the Discipline Authority determines that the conduct of the member did not constitute misconduct, and the Commissioner believes there is a reasonable basis to believe the decision is incorrect, the Commissioner may appoint a retired judge to review the matter. This type of review occurs before any disciplinary process has begun.
If the retired judge determines there is the appearance of misconduct and substantiates the allegation, then the retired judge takes on the role of the Discipline Authority for the continuation of the disciplinary process. If the retired judge determines that the allegation is not substantiated, the matter is final and conclusive.
Recommended Procedures (PDF)