The court released an order today saying it suspending McCaffery on "an interim basis," with pay. It also said that, within 30 days, the state's Judicial Conduct Board must determine whether there is probable cause to file formal charges against McCafrey.
The Conduct Board handles judicial ethics complaints, and has already launched an investigation into McCaffery's e-mails.
Today, Chief Justice Castille wrote of McCaffery: "In my two decades of experience on this court, no other justice . . . has done as much to bring the Supreme Court into disrepute. No other justice has failed to live up to the high ethical demands required of this court or has been the constant focus of ethical lapses to the degree of Justice McCaffery."
There isn't a lot of dispute here about the e-mails. McCaffery himself admitted that he used a personal account to send e-mails containing sexually explicit content. But he has continued to blame Castille for his troubles.
Castille contends that any judge who exchanged grossly pornographic material by e-mail, even from a personal account, might have violated the state's code of judicial ethics and may be subject to discipline.