R.I. Comm'n Jud. Tenure & Discipline R. 31

(a) Whenever the

Commission shall, after investigation and hearing, determine that a respondent has

a physical or mental disability that seriously interfered and will continue to interfere

with the performance of his or her duties, it may recommend to the Supreme Court

the retirement of such judge, saving to such judge all retirement benefits that have

accrued to him or her, if any. Such investigation, hearing, and recommendation shall

be confidential. A justice of the Supreme Court may not be retired under this section

without his or her consent, and where consent to such retirement is withheld, a

further recommendation shall be made to the Speaker of the House of

Representatives to initiate proceedings for the removal of such judge pursuant to the

provisions of article X, section 4 of the constitution.

(b) Whenever any judge has served in judicial office without having reached the

prescribed age that would entitle him or her to retirement benefits, the Commission,

proceeding pursuant to subsection (a) of this section, may recommend to the

Supreme Court that such judge be retired and that his or her pension rights be

accelerated to become effective as of the date of his or retirement. The Supreme

Court may endorse such recommendation and may forward such recommendation

to the General Assembly for appropriate legislative action in order that his or her

pension rights be so accelerated. Judges retired under this section shall be deemed

to have retired voluntarily. Any judge shall be disqualified and prohibited from

acting in his or her judicial capacity while any recommendation for his or her

retirement, based upon physical or mental disability, is pending before the Supreme

Court; provided, however, that such disqualification shall be without loss of

compensation.