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Rule 14. Formal Disciplinary Hearing.
A. Pre-hearing Conference. Upon receipt of the judge's response to the complaint, the Commission shall set a pre-hearing conference to be held not later than the next regularly scheduled Commission meeting. The Commission chairperson shall preside at the prehearing conference. At the conference a discovery and briefing schedule shall be established and the hearing date set. The discovery and briefing schedule shall include: (1) a preliminary witness list, (2) preliminary exhibit lists, (3) a schedule for substantive motions.
B. Discovery. See Commission Rule 12.
C. Master. The formal hearing shall be conducted before either the Commission or a Commission designated Master. A Master should be used only in compelling and extraordinary situations as determined by the Commission. When the hearing is before the full Commission, either the chairperson or another member appointed by the chairperson shall preside. A member of the Commission shall not serve as Master. The Master shall have the same procedural authority as the Commission chairperson when conducting the hearing.
D. Role of the Chairperson. The chairperson is the presiding officer both at the hearing and during prehearing and post-hearing motions. The chairperson has the authority to decide all nondispositive motions on behalf of the full Commission.
E. Conduct of Hearing.
(1) At the time and place set for the hearing the full Commission or Master shall proceed with the hearing whether or not the judge has filed an answer or personally appears at the hearing.
(2) The proceedings at the hearing shall be reported by electronic recording device in the same manner as proceedings are reported in a court of record. The judge may, at the judge's expense, provide a court reporter of the judge's choosing.
F. Evidence. The rules of evidence apply and all testimony shall be under oath. The chairperson, presiding member or master shall administer the oath, rule on the admissibility of evidence, and otherwise direct the manner and order of proceedings in the same manner as a judge of a court of record. The standard of proof shall be clear and convincing evidence.
G. Amendment of Complaint. By leave of the Commission, the formal charges may be amended after commencement of the hearing to conform to proof or to set forth additional facts, whether occurring before or after commencement of the hearing if the judge and his counsel are given adequate time to prepare a response.
H. Determination. When the factfinder is a Master, that Master shall, within sixty (60) days after the hearing, submit findings and recommendations, together with the record and transcript of proceedings, to the Commission for review and shall contemporaneously serve them upon the judge. The Commission shall pay all costs associated with the Master's findings and recommendations.
The judge, or Commission counsel, may submit written objections to the findings and recommendations of the Master within 15 days after receipt.
The findings, conclusions and accompanying materials, together with the objections, if any, shall be promptly reviewed by the Commission not later than its next regularly scheduled meeting. The Commission may make independent findings of fact from the record. If the entire Commission served as factfinder, the findings and recommendations shall be drafted pursuant to Commission direction.
If no statement of objections is filed within the time provided, the Commission may adopt, in whole or in part, the findings of the Master without a hearing. If the statement proposes to modify or reject the findings of the Master, the Commission shall give the judge and special counsel an opportunity to be heard orally before the Commission not later than its next regularly scheduled meeting. Written notice of the time and place of the hearing shall be served on the judge at least ten (10) days prior to the hearing.
I. Extension of Time. The chairman of the Commission or the Master may grant reasonable time extensions for good cause shown. Additional continuances may be granted for good cause shown.
J. Hearing Additional Evidence. The Commission may provide for the taking of additional evidence by order at any time while the matter is pending before it. The order shall set the time and place of the hearing and shall indicate the matters on which the evidence is to be taken. A copy of the order shall be served on the judge at least ten (10) days prior to the date of the hearing. The hearing of additional evidence may be before the Master or the Commission, at the Commission's discretion.
K. Role of Executive Director after Formal Charges. After formal charges, the Executive Director may serve as a liaison between the Commission and all counsel of record, and may provide research and administrative assistance as requested by the Commission.
(Adopted November 1, 1991)
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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
