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A. Probable Cause Determination. The Commission shall promptly consider the results of a formal investigation in a formal probable cause hearing. A Master may be designated by the Commission in compelling and extraordinary situations, to determine factual findings related to the charges. A probable cause hearing shall be set at a definite time and place with reasonable notice to the judge. The Commission Chairperson, or a member of the Commission designated by the Chairperson, shall preside over the hearing. At the hearing, the judge and the judge's attorney may appear. Other testimony may be presented in writing but not by live witnesses unless good cause is shown. If the Commission determines that there is probable cause to proceed, it shall comply with Rule 11 C (4).
B. Findings and Report. The Executive Director shall prepare a written report containing the Commission's findings of fact and conclusions for each issue presented.
C. Disposition. The Commission shall dispose of the investigation in one of the following ways:
(1) If the Commission finds that there has been no misconduct, the Executive Director shall be instructed to send the judge and each complainant notice of dismissal pursuant to Rules 5 D and 7 B of these Rules.
(2)(a)*If the Commission finds that there has been misconduct for which an informal private admonishment constitutes adequate discipline, the Commission may issue a notice of private admonishment to the judge. The notice shall include the Findings and Report.
(b) Within fifteen (15) days after service of a notice of informal private admonishment, the judge may request reconsideration by the Commission and/or a hearing pursuant to Rule 14 of these Rules, by filing a written motion with the Commission. Thereupon, the Commission may dismiss the complaint, deny the motion for reconsideration, make further investigation, or institute formal charges pursuant to Rules 11 C (4) and 14 of these Rules.
(3) If the Commission finds that there has been conduct that is or might be cause for discipline or otherwise raise concern, but for which an informal adjustment is appropriate, it may issue a letter of caution or enter into a memorandum of understanding and agreement with the judge concerning the judge's future conduct or submission to professional treatment or counseling. The complainant shall be notified pursuant to Rules 5 D and 7 B of these Rules that the matter has been resolved. The Commission shall monitor any prescribed counseling.
(4) If the Commission finds that there is probable cause to believe that there has been misconduct of a nature requiring formal disciplinary proceedings, the chairperson or Executive Director shall cause the judge to be served with the Findings and Report, a complaint containing the formal statement of the charges, the record of the probable cause determination, and all documents upon which the determination was based. The service upon the judge constitutes notice that a response must be filed within twenty (20) days.
(Adopted November 1, 1991)
These Court Rules were automatically converted to HTML (Hyper-Text Markup Language) format from electronic files provided by the Alaska Court System. Every effort has been made to ensure their accuracy, but neither Touch N' Go Systems, Inc., The Alaska Legal Resource Center, nor the Law Offices of James B. Gottstein are responsible for their accuracy or for any damages arising out of any possible inaccuracy. If any mistakes are found, please let us know at one of the addresses listed below.
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Copyright 1995-1999 by Touch N' Go Systems, Inc. All rights reserved. No copyright claim is made to the text of the rules.
Last Modified 7/14/1999
