Rule 27. Hearings
Arizona Revised Statutes AnnotatedRules of the Commission on Judicial Conduct
17C A.R.S. Jud.Conduct Comm.Rules of Proc., Rule 27
Rule 27. Hearings
(b) Duties of presiding member. The presiding member of the hearing panel shall oversee all pre-hearing proceedings, rule on pre-hearing motions, and preside over the formal hearing. To facilitate the prompt and timely resolution of the case, the presiding member shall prepare a case management order setting forth a schedule and deadlines for each stage of the proceedings, and may order a settlement conference, review discovery procedures with the parties, rule on pre-hearing motions, and conduct pre-hearing conferences to obtain admissions or narrow the issues presented by the pleadings.
(e) Settlement conference. Any time prior to the hearing, the presiding member of the hearing panel or the hearing officer, as the case may be, may order the parties to participate in a settlement conference conducted by a member of the investigative panel or a former commission member who agrees to serve as settlement judge. Any proposed agreement for discipline by consent shall conform with the requirements of Rule 30.
(2) The Arizona Rules of Evidence shall apply as far as practicable in all commission proceedings, and Rule 122 of the Rules of the Supreme Court shall apply to all requests for electronic and photographic coverage of such proceedings. In determining the applicability of evidentiary rules in a particular case, where there is no precedent in the judicial discipline context in Arizona, the hearing panel shall look to Arizona Supreme Court authority in the attorney discipline context for guidance in interpreting the phrase “as far as practicable.”
(g) Ex parte communications. Members of an investigative panel, commission staff, the complainant, the judge, and the judge's counsel shall not engage in improper ex parte communications, as defined in Canon 2, Rule 2.9 of the code, with members of a hearing panel or a hearing officer as to the merits of a case in which the investigative panel has been involved. This rule does not preclude commission staff from providing administrative assistance to a hearing panel or hearing officer, nor related administrative or scheduling communications between staff and a hearing panel or hearing officer.
(h) Failure to appear. If the judge fails to appear at the hearing, either in person or through counsel, he or she shall be deemed to have admitted the factual allegations that were to be the subject of such appearance and to have conceded the merits of any motion or recommendations to be considered at such appearance. Absent good cause, the proceedings shall not be continued or delayed based on the judge's failure to appear.
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. Amended and effective June 28, 2004. Amended and effective Jan. 20, 2006. Adopted in final form Sept. 18, 2006. Amended and effective Sept. 18, 2006. Amended Sept. 18, 2006, effective Jan. 1, 2007; Aug. 30, 2012, effective Jan. 1, 2013; Sept. 2, 2014, effective Jan. 1, 2015.
17C A. R. S. Jud. Conduct Comm. Rules of Proc., Rule 27, AZ ST J COND COMM Rule 27
State Court Rules are current with amendments received through March 1, 2024. The Code of Judicial Administration is current with amendments received through February 15, 2024.
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