Grounds of disciplinary liability

A judge may be held liable under disciplinary rule due to commission of a disciplinary violation. Types of disciplinary violation are as follows:

(a) a gross violation of law committed in the course of discharging judicial powers. A gross violation of law is understood to mean violation of imperative requirements of the Georgian Constitution, Georgia’s international treaties and the Georgian legislation which has caused or could have caused a substantial harm to legal rights and interests of a participant to the proceedings, or a third person or to public interests;

(b) a corruptive offence or abuse of official powers to the detriment of the interests of justice and the interests of office. A corruptive office is understood to mean an offence envisaged by the Law of Georgia on Incompatibility of Interests and Corruption in Public Service” unless it is of a nature that entails criminal or administrative liability;

(c) an activity incompatible with a judicial office or conflicting with judicial duties;

(d) an action inappropriate for a judge that disgraces the judiciary or damages the trust towards the judiciary;

(e) undue delay of adjudication of a case;

(f) non-performance or improper performance of judicial duties;

(g) disclosure of the secrecy of judicial deliberation or professional secret;

(h) hindrance to the activity or contempt of a disciplinary organ;

(i) violation of judicial ethics norms; and

(j) violation of work discipline

Incorrect interpretation of law based on a judge’s internal belief is not a disciplinary violation and the judge shall not be held liable for such conduct under disciplinary rule.