Article 64 of the Saudi Law of the Judiciary
المادة 64 من نظام القضاء
The article makes the sessions of a judge's disciplinary case confidential and requires the disciplinary circuit to hear his defense, and permits judgment in his absence if he neither appears nor delegates anyone, once his notification is verified.
Official text (Arabic)
This article has not been amended since the law was issued.
تكون جلسات الدعوى التأديبية سرية، وتحكم دائرة التأديب بعد سماع دفاع القاضي المرفوعة عليه الدعوى، وله أن يقدم دفاعه كتابة، وأن ينيب أحد رجال القضاء في الدفاع عنه. وللدائرة دائمًا الحق في طلب حضوره بشخصه. وإن لم يحضر ولم ينب أحدًا ؛ جاز الحكم في غيبته بعد التحقق من صحة تبليغه.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 64 explained in plain English
This article regulates how the disciplinary case filed against a judge is heard, and combines protecting the reputation of the judiciary with guaranteeing the judge's right of defense.
- Confidential sessions: the sessions of the disciplinary case are confidential and are not open to the public.
- Hearing the defense before judgment: the disciplinary circuit does not rule except after hearing the defense of the judge against whom the case is filed.
- Ways of presenting the defense: the judge may present his defense in writing, and may delegate one of the men of the judiciary to defend him. The text limits delegation to men of the judiciary.
- Requiring personal attendance: the circuit always has the right to require the judge to attend in person, even if he has presented his defense in writing or delegated another.
- Judgment in absence: if the judge does not appear and does not delegate anyone, the circuit may rule in his absence, provided that the validity of his notification is first verified.
This article is connected to Article 63, which provides that the disciplinary case lapses on the judge's resignation, and to Article 65, which requires the disciplinary judgment to include its reasons and those reasons to be read out when it is pronounced in a confidential session, and makes the judgment not open to appeal. The defense safeguards in this article are therefore particularly important, because the judgment issued after them cannot be appealed.
These safeguards are consistent with Article 1 of the Law, which provides that judges are independent and are subject to no authority in their judging other than the provisions of Islamic Sharia and the laws in force.
Practical example
A disciplinary case is filed against a judge at one of the courts. He presented his defense in writing and delegated one of his colleagues among the men of the judiciary to appear for him. The disciplinary circuit heard the case in confidential sessions, and decided to hear from him directly, so it required him to attend in person, a right the text gives it at any time.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 64 of the Saudi Law of the Judiciary
Are the sessions of a judge's disciplinary trial public?
No. Article 64 provides that the sessions of the disciplinary case are confidential.
May a judge appoint a lawyer in the disciplinary case?
The text allows the judge to delegate one of the men of the judiciary to defend him, and he may present his defense in writing.
Can a judge be ruled against on disciplinary grounds in his absence?
Yes. If he does not appear and does not delegate anyone, judgment may be given in his absence, but after verifying that he was validly notified.
More articles on Judicial Discipline and Trial of Judges
- Article 4
Judges may not be sued over their official acts except under the conditions and rules for their discipline, without prejudice to Article 68.
مع عدم الإخلال بحكم المادة الثامنة والستين من هذا النظام، لا تجوز مخاصمة القضاة - بسبب أعمال وظيفتهم - إلا وفق الشروط والقواعد الخاصة بتأديبهم.
- Article 58
The article gives the president of each court the right to supervise its judges and to warn them of their violations after hearing their statements, and lets a judge object to a written warning within fifteen days.
مع عدم الإخلال بما للقضاء من حياد واستقلال، وبما للمجلس الأعلى للقضاء من حق الإشراف على المحاكم والقضاة وأعمالهم، يكون لرئيس كل محكمة حق الإشراف على قضاتها وحق
- Article 59
The article makes the disciplining of judges the jurisdiction of a circuit in the Supreme Judicial Council of three of its full-time judge members, whose decisions are issued by majority and are not final until the Council approves.
يكون تأديب القضاة من اختصاص دائرة تشكل في المجلس الأعلى للقضاء من ثلاثة من القضاة أعضاء المجلس المتفرغين، وتصدر قراراتها بالأغلبية، ولا تكون نهائية إلا بعد مواف
- Article 60
The article regulates filing the disciplinary case against a judge by the head of the judicial inspection department at the request of the president of the Supreme Judicial Council, after a criminal or administrative investigation, and the contents of the statement of claim.
يرفع رئيس إدارة التفتيش القضائي أو من ينيبه الدعوة التأديبية ـ أمام دائرة التأديب ـ بطلب من رئيس المجلس الأعلى للقضاء إما من تلقاء نفسه أو بناء على اقتراح رئيس
- Article 61
The article provides that if the disciplinary circuit sees grounds to proceed with the case, the judge is summoned to appear at a suitable time, with a sufficient statement of its subject and the evidence of the violation.
إذا رأت دائرة التأديب وجهًا للسير في إجراءات الدعوى عن جميع المخالفات أو بعضها، كلف القاضي، بالحضور في ميعاد مناسب، ويجب أن يشتمل التكليف بالحضور على بيان كاف ب
- Article 62
The article allows the disciplinary circuit, on deciding to proceed with the case and with the Supreme Judicial Council's approval, to suspend the judge from work until the trial ends, and to reconsider the suspension.
يجوز لدائرة التأديب ــ عند تقرير السير في إجراءات الدعوى ـ وبعد موافقة المجلس الأعلى للقضاء أن تأمر بوقف القاضي عن مباشرة أعمال وظيفته حتى تنتهي المحاكمة وللدائ
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.