(a) Meetings. Meetings shall
be scheduled as necessary. The commission shall meet periodically as
determined by the commission to consider administrative and other matters.
The chair may call meetings of the commission other than regularly scheduled
meetings upon the chair's own motion; the chair shall call a meeting
upon the written request of three members of the commission. Business
meetings may be conducted by telephone conference calls or other telecommunications
means within the provisions of the Open Public Meetings Act, whereby
each participant in the meeting can simultaneously hear the others and
further, whereby at least one site, identified by proper notice, shall
provide the capability for members of the public to hear the conference.
Other meetings and executive sessions may be conducted by telephone
conference calls.
(b) Officers. The commission
shall elect one of its members to serve as chair, another to serve as
vice-chair, and another to serve as secretary for such terms as the
commission shall determine. The vice-chair shall perform the duties
of the chair whenever the chair is absent or unable to act.
(c) Quorum. Six members of
the commission shall constitute a quorum for the transaction of business.
A vote of six members of the commission shall be required to adopt rules.
A finding of probable cause shall require the concurrence of six members
of the commission. The concurrence of six members of the commission
shall be required to make a decision in a proceeding. The chair will
arrange for an alternate member selected by the appropriate appointing
authority to serve in the place of a member whenever a member is disqualified
or unable to serve. The alternate member so called upon shall have all
the authority of a member of the commission during the time the member
is unable to serve.
(d) Powers and duties. The
duty and authority of the commission shall include but not be limited
to:
(1) Adopting rules of procedure
for discipline and incapacity proceedings;
(2) Appointing commission counsel;
(3) Employing an executive director
and other staff;
(4) Appointing investigative
officers;
(5) Retaining disciplinary counsel;
(6) Reviewing the recommendation
of the investigative officer and/or disciplinary counsel after screening
and a preliminary investigation, and either authorizing a full investigation
of a complaint against a respondent in initial proceedings or dismissing
the complaint;
(7) Reviewing the findings of
the investigative officer and/or disciplinary counsel after a full
investigation of a complaint against a respondent in initial proceedings
and dismissing the matter, making a finding of probable cause, or,
after making a finding of probable cause, instructing disciplinary
counsel to file a statement of charges;
(8) Ruling on prehearing motions,
conducting hearings on a statement of charges, and making findings,
conclusions, and a decision;
(9) Where appropriate, making
recommendations to the supreme court for discipline pursuant to Rule
24; or
(10) Dismissing the case.
(e) Recusal.
(1) A member of the commission
should disqualify himself or herself if his or her impartiality might
reasonably be questioned because of a conflict of interest or personal
bias or prejudice.
(2) If a member who is a judge
or judge pro tem becomes a respondent to a statement of allegations
(Rule 17) or statement of charges (Rule 19), that member shall be
disqualified from attending further meetings and shall not perform
any commission duties until proceedings on the allegations and/or
charges are completed. Should the member be disciplined by the commission,
the issue of that member's continuing participation on the commission
shall be referred to the member's appointing authority for a decision
on whether the member should continue to serve on the commission on
judicial conduct.
(3) Respondent may file an affidavit
challenging for cause any member who respondent believes cannot impartially
consider the statement of charges. The affidavit must be filed within
seven days after service of the notice of hearing identifying those
members assigned to conduct the hearing. The commission chair, or
vice-chair, will decide any challenge for cause if the member does
not disqualify himself or herself.
(f) Presiding Officer, Authority.
The presiding officer shall have authority to:
(1) Determine the order of presentation
of evidence;
(2) Identify the materials initially
to be provided to the participating members;
(3) Administer oaths and affirmations;
(4) Issue subpoenas;
(5) Confer with participating
panel members on all procedural matters, objections, and motions;
(6) Rule on offers of proof and
receive relevant evidence;
(7) Direct the course of additional
questioning of witnesses by participating panel members during the
course of a public disciplinary proceeding;
(8) Take any appropriate action
necessary to maintain order during the hearing;
(9) Permit or require oral argument
or briefs and determine the time limits for submission thereof;
(10) Chair the deliberations
of the participating members;
(11) Announce the commission decision
in an open session;
(12) Take any other action necessary
and authorized by any applicable statute or rule or by the hearing
panel;
(13) Waive any requirement of
these rules applicable to a public proceeding unless a party shows
that it would be prejudiced by such a waiver.
(a) Appointment. The commission
may appoint one or more full-time or part-time investigative officers.
(b) Powers and duties. The
duty and authority of the investigative officer shall include but not
be limited to:
(1) Receiving and screening complaints,
referring complainants to other agencies when appropriate, conducting
preliminary investigations, recommending to the commission, and upon
authorization, conducting full investigations, notifying complainants
about the status and disposition of their complaints, and making recommendations
to the commission on the disposition of complaints after full investigation;
(2) Maintaining permanent records
of the investigative and subsequent proceedings set forth in (1) of
this subsection; and
(3) Performing other duties at
the direction of the commission.
(a) Appointment. The commission
may appoint a commission counsel to assist the commission.
(b) Powers and duties. The
commission may delegate functions to the commission counsel, including
but not limited to the duty and authority to:
(1) Advising the commission during
its deliberations and drafting decisions, orders, reports and other
documents;
(2) Employing and supervising
other staff necessary to the performance of the commission's duties;
(3) Performing other duties at
the direction of the commission.
