#2022-900Decree on the Ethics and Discipline of Judicial Officers
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Decree No. 2022-900 of June 17, 2022, outlines the ethics and disciplinary procedures for judicial officers in France, including lawyers, judicial commissioners, commercial court clerks, and notaries. It establishes a framework for handling complaints against these professionals, detailing how authorities can investigate and enforce disciplinary measures while ensuring due process. Key provisions include the requirement for investigations into complaints, the establishment of disciplinary jurisdictions, and the rules governing the conduct of inquiries, including accountability of investigators.
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Key Changes
- Introduces a formal process for managing complaints against legal professionals.
- Establishes disciplinary authorities with specific powers to address ethical violations.
- Details the process for investigations and the penalties for non-compliance.
Obligations
What this law requires
Competent professional authorities must process complaints and issue corrective measures (warnings or injunctions) according to Articles 4 and 6 of the April 13, 2022 ordinance, with jurisdiction determined by the territory where the professional exercised functions at the time of the alleged facts.
When inviting a professional to submit observations or explanations, the authority must specify the deadline and inform the professional of the alleged misconduct facts.
Complaints must include: complainant's identity (name, profession, address, nationality, birth date/place if natural person; or legal form, denomination, registered office if legal entity); professional's name, address, and office; and description of facts, dated and signed by the complainant.
Convocation for conciliation must be sent at least 15 days before the scheduled date (unless parties agree to shorter notice), and the conciliation date cannot exceed three months from complaint receipt.
When conciliation succeeds, a written record must be established and signed by the professional, complainant, and the authority or delegated representative, with copies provided to each signatory.