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Rule 10. Notification to Complainant

Arizona Revised Statutes AnnotatedRules of the Commission on Judicial Conduct

Arizona Revised Statutes Annotated
Rules of the Commission on Judicial Conduct (Refs & Annos)
Section B. General Provisions
17C A.R.S. Jud.Conduct Comm.Rules of Proc., Rule 10
Rule 10. Notification to Complainant
Commission staff shall provide written acknowledgment of every complaint, if the complainant is known, and notify the complainant in writing of a public hearing, if any, and of the final disposition of the complaint.

Credits

Added by Order dated Oct. 11, 2001, effective Jan. 1, 2002. Amended June 8, 2004, effective Dec. 1, 2004; June 15, 2004, nunc pro tunc June 8, 2004.

Editors' Notes

RULES GOVERNING
<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.>
HISTORICAL NOTES
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 10. Recommendations
(a) By the Commission. At the conclusion of the hearing, the commission shall promptly make and file proposed findings of fact, conclusions of law and recommendations and copies shall be served promptly on the parties. Within 15 days after service, upon the parties of the findings of fact, conclusions of law and recommendations of the commission, either or both the parties may file objections with the commission, which may accept or reject the objections without further proceedings.
(b) By a Panel or Special Master. Any three-member panel or special master conducting a hearing shall make and transmit to the commission a report of proposed findings of fact, conclusions of law and recommendations within 15 days after the hearing, unless additional time is allowed by the commission. The commission shall file this report in its permanent records and in the public formal file, and a copy of the report shall be delivered promptly to all parties. The commission may adopt, reject or modify the report of the panel or master without further input from the parties. The commission's findings of fact, conclusions of law and recommendations shall be served on the parties, after which the parties may proceed to file objections as set forth in section (a) of this rule.
(c) Commission Determination. The commission by majority vote of its members may dismiss the matter, may dispose of the matter informally as provided in these rules, or, if it finds good cause, may recommend to the supreme court the censure, suspension with or without pay, removal, or retirement of the judge. The commission may also recommend the assessment of fees and costs. The voting members need not personally have participated in or attended earlier relevant proceedings before or taken by the commission as a whole; but nonparticipants in the earlier proceedings shall review the record before voting.
(d) Filing and Notice to Judge. When the commission recommends the censure, suspension, removal or retirement of a judge, the final recommendations of the commission shall be filed with the clerk of the supreme court, and a copy of the recommendation and notice of the filing shall be promptly served upon the judge.”
17C A. R. S. Jud. Conduct Comm. Rules of Proc., Rule 10, AZ ST J COND COMM Rule 10
Current with amendments received through 08/15/19
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