WASHINGTON COUNTY, MD - The DUI charge on Judge W. Kennedy Boone, III's could affect his position as a circuit court judge.

That decision will be made by the Commission on Judicial Disabilities. The commission is the body that investigates complaints against judges.

Officials with the commission say a conviction, and even the charge alone, could mean Boone can no longer sit as judge.

The commission will decide two things: first if this is "sanctionable conduct." That could mean misconduct while he was in office or behavior that would prevent him from serving his duties as judge. The commission even gives "driving while intoxicated" as an example on their website.

They'll also have to decide whether Boone has a physical or mental disability, that is, he was abusing drugs or alcohol for example.

There is a Code of Judicial Conduct. One of those parts says a judge shall avoid impropriety and the appearance of impropriety. It also says the judge shall respect and comply with the law.

Commission members say even if Boone is not convicted, there could still be disciplinary action taken simply if he makes the judiciary look bad.

Due to a conflict of interest, Boone will not be tried in a Maryland court.