Disciplinary Procedure

  • The grounds for initiating disciplinary proceedings against a judge

    • A complaint or application of any person, other than an anonymous complaint or application;
    • An explanatory note of another judge, an employee of a court or an officer of the High Council of Justice of Georgia with regard to committing disciplinary misconduct by a judge;
    • A notification by an investigative body;
    • Information disseminated by mass media, also information stated in the report or recommendations of the Public Defender of Georgia about an act committed by a judge that could be considered to be disciplinary misconduct.
  • Corruption offence or misuse of one’s official status to the detriment of the interests of justice and the office held. An infringement under the Law of Georgia on Conflict of Interests in Public Service and on Corruption shall constitute a corruption offence unless it entails criminal or administrative liability;
  • Any activity incompatible with the position of a judge, or conflict of interest with duties of a judge;
  • Any action inappropriate for a judge that disgraces the reputation of, or damages the confidence in, a court;
  • Ungrounded delay in proceedings;
  • Failure to fulfill or improper fulfillment of the obligations of a judge;
  • Disclosure of secrecy of deliberations of judges or professional secrecy;
  • Impediment to or disrespect for the activities of bodies having disciplinary powers;
  • Breach of norms of judicial ethics

Types of disciplinary penalties

  • Reproval;
  • Reprimand;
  • Severe reprimand;       
  • deduction of salary from 5% to 20% upto 6 months;
  • Dismissal of a chairperson, first deputy or deputy chairperson of a court, a chairperson of a judicial panel or chamber;
  • Dismissal of a judge from the position.

Disciplinary measures shall include

  • Giving a private recommendation letter to a judge.

Disciplinary Proceedings

Disciplinary liability and penalties are imposed on judges of the Common Courts for committing disciplinary misconduct.

Disciplinary liability shall not be imposed on a judge, if five years have passed from the date of committing disciplinary misconduct.

The process of disciplinary proceedings are confidential

! Please be aware !

!!! Incorrect interpretation of the law based on a judge’s internal faith shall not constitute disciplinary misconduct and disciplinary liability shall not be imposed.

!!! During disciplinary proceedings, verification of legality of a court ruling by a judge is prohibited. Reference of the complaint against a judge shall not affect the court decision, can not accelerate the case. Reference of the complaint can result only disciplinary liability for a judge.

!!! A judge shall not be removed from considering a case and from fulfilling other official duties due to instituting disciplinary proceedings or imposing disciplinary liability or penalties on him/her.

Decisions of the High Council of Justice of Georgia can be found on the official webpage of the High Council of Justice – hcoj.gov.ge.

Decisions of the Disciplinary Board and the Disciplinary Chamber can be found on the official webpage – dcj.court.ge.