This case has been cited 1 times or more.
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2009-10-16 |
PER CURIAM |
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| The retirement of the respondent judge and death of both the complainant and the respondent judge pending the investigation of these administrative cases are not deterrents to the resolution on the merits of the complaints and to the imposition of the sanctions demanded by the circumstances. Jurisprudence holds that the death of the complainant does not warrant the withdrawal of the charges against the respondent nor does this development render the complaint moot; the complainant is treated only as a witness in this type of proceedings.[57] On the other hand, the death of the respondent in an administrative case, as a rule, does not preclude a finding of administrative liability. The recognized exceptions to this rule are: first, when the respondent has not been heard and continuation of the proceedings would deny him of his right to due process; second, where exceptional circumstances exist in the case leading to equitable and humanitarian considerations; and third, when the kind of penalty imposed or imposable would render the proceedings useless.[58] None of these exceptional circumstances are present in the case. | |||||