postes,
Well I guess there is a first time for everything. Specifically, this appears to be the first time that you and I have ever disagreed in this forum, as we are almost always in lockstep.
There does not have to be misconduct. Under these rules of procedure, I do not think there is any evidence supporting the type of misconduct allegation that would not be subject to dismissal.
Rather, any complaint that I would put my name to, would be filed under the separate grounds of "disability". Rule 4 defines disability in pertinent part, as a "temporary or permanent impairment, physical or mental, rendering a judge unable to discharge the the duties of the particular judicial office .... Examples of disability include .... impairment of cognitive abilities that renders the judge unable to function effectively."
So the question presented, and basis of the complaint would be whether the tragic losses of her husband and stepson in such a short period of time, rendered Judge Du disabled as defined by Rule 4?
Upon initial review, I find the question to be very interesting, although I am not opining at this time, whether such a claim would ultimately be successful.
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