Rule 8. Right to Counsel
Arizona Revised Statutes AnnotatedRules of the Commission on Judicial Conduct
17C A.R.S. Jud.Conduct Comm.Rules of Proc., Rule 8
Rule 8. Right to Counsel
A judge is entitled to due process, including, but not limited to, the right to defend against the charges and to be represented by counsel at his or her own expense.
Added by Order dated Oct. 11, 2001, effective Jan. 1, 2002.
<Proceedings commenced prior to the January 1, 2002 effective date of these new rules shall continue to be governed by the rules effective prior to the effective date until the closure of the matter.>
The former rule, adopted May 24, 1990, effective July 1, 1990, amended March 27, 1995, effective June 1, 1995, was abrogated by Order dated October 11, 2001, effective December 31, 2001. Because the former rule has continuing effect for actions begun prior to the date of repeal, the text of the rule is set out below.
“Rule 8. Formal Proceedings
“(a) Commencement Upon Reasonable Cause. Formal proceedings shall not be commenced unless, after the preliminary investigation, a majority of the commission decides that there is reasonable cause to believe the existence of one or more of the jurisdictional grounds of inquiry regarding a judge.
“(b) Notice to the Judge. After the commission determines that formal proceedings should be commenced, the executive director, in the name of the commission, shall notify the judge in writing of the commencement of formal proceedings, and shall advise the judge of the judge's right to file a written answer to the charges within 15 days after service of the notice and of the right to be represented by counsel. The formal proceedings shall be entitled:
STATE OF ARIZONA
COMMISSION ON JUDICIAL CONDUCT
INQUIRY CONCERNING JUDGE
CASE NO. ____________
“(c) Statement of Charges. A statement of charges shall accompany the notice.
“(d) Service. Service upon the judge of the notice and the statement of charges in any disciplinary proceeding shall be made by personal service upon the judge or the judge's counsel by any member of the commission or its staff, by any person designated by the chairman, or by registered or certified mail to the judge's last known judicial or residential address of record. Return and proof of service shall be made in accordance with the Arizona Rules of Civil Procedure.
“(e) Answer. Within 15 days after service of notice, the judge may file an original copy of an answer in the office of the commission, and copies shall promptly be prepared and distributed by the executive director to members of the commission.
“(f) Amendments. The commission or a special master appointed under the rules may at any time allow amendment to the notice or answer in accordance with standards generally applicable under the Arizona Rules of Civil Procedure.”
17C A. R. S. Jud. Conduct Comm. Rules of Proc., Rule 8, AZ ST J COND COMM Rule 8
Current with amendments received through 08/15/19
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