We don't have a fourth branch of government. We only have three of them. It would give the new commission power to set its rules. It would also give members power to subpoena and discipline judges. Now, the Supreme Court creates the rules for the Judicial Conduct Committee, appoints its members and hears appeals of discipline the committee metes out.
Critics argue that structure makes it too easy for judges to influence disciplinary decisions.
Sen. Ned Gordon, a Bristol Republican and the bill's sponsor, says the best way to make the commission independent is for it to be separate from all three government branches. Rep. Robert Rowe, an Amherst Republican, will introduce a proposal today to have the new commission answer to a multi-branch board. That way, he says, no branch of government will control the disciplinary panel. Van Loan would not comment on the constitutionality of Rowe's proposal because he didn't know the details. But Van Loan did question the constitutionality of other measures lawmakers are considering - including limiting the high court's final say over disciplinary decisions through the appeals process.