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Rule 29. Supreme Court Review

Arizona Revised Statutes AnnotatedRules of the Commission on Judicial Conduct

Arizona Revised Statutes Annotated
Rules of the Commission on Judicial Conduct (Refs & Annos)
Section D. Disciplinary Proceedings
17C A.R.S. Jud.Conduct Comm.Rules of Proc., Rule 29
Rule 29. Supreme Court Review
(a) Finality of recommendations. A recommendation of censure shall be final unless the judge or disciplinary counsel files a petition to modify or reject the recommendation as provided in paragraph (c). All other recommendations for formal sanctions are subject to review by the supreme court, either by petition or on the court's own motion.
(b) Expedited consideration. Either the judge or disciplinary counsel may petition the supreme court at any time for expedited consideration of a matter.
(c) Petition to modify or reject recommendations. Within fifteen days after the filing of the final recommendations, the judge may file in the supreme court a petition to modify or reject the recommendations, setting forth the grounds. A request for oral argument may also be filed at this time. A copy of the petition shall be served on disciplinary counsel. Within fifteen days of service of the petition, disciplinary counsel may file and serve such response as he or she deems appropriate. No reply to the response is permitted unless requested by the court. All factual argument in these pleadings shall be limited to the record, except as to judicially noticeable material.
(d) Review on court's own motion. If the judge does not file a timely petition to modify or reject recommendations, and the commission has recommended suspension, removal, or retirement from office, within thirty days after the expiration of the time to file a petition to modify or reject recommendations the court may decline review, or it may grant review on its own motion. If the court grants review, the record, consisting of all documents filed with the commission in the formal case that have not previously been transmitted to the supreme court shall be transmitted to the clerk of the supreme court.
(e) Submission to the court. After the filing of a petition to modify or reject final recommendations and the response thereto, or on the court's own motion, the record, consisting of all documents filed with the commission in the formal case that have not previously been transmitted to the supreme court, shall be transmitted to the clerk of the supreme court. If no timely request for oral argument has been made, the matter shall be deemed submitted to the supreme court for its decision.
(f) Proposed form of order for interim suspension. In the event suspension, removal, or retirement from office is recommended, a proposed form of order shall be filed with the recommendations that gives notice to the judge of the interim suspension required by article 6.1, ยง 2 of the constitution. After the order has been signed by the chief justice, the executive director shall promptly notify the presiding judge of the court in which the judge sits of the issuance of the order.
(g) Entry of judgment. If the judge does not file a timely petition to modify or reject recommendations, the executive director shall file in the supreme court a form of judgment for signature by the clerk of the court. In the case of a recommendation of censure, the clerk shall expeditiously sign and enter the judgment. In the case of a recommendation of suspension, removal, or retirement from office, the clerk shall expeditiously sign and enter the judgment after entry of the court's order declining review pursuant to paragraph (d) of this rule.
(h) Final determination. The judgment of the supreme court dismissing the case or imposing a sanction shall be regarded as final and shall be effective on the date the judgment or opinion is filed with the clerk of the court.

Credits

Added by Order dated Oct. 11, 2001, effective Jan. 1, 2002. Amended Sept. 2, 2014, effective Jan. 1, 2015.
17C A. R. S. Jud. Conduct Comm. Rules of Proc., Rule 29, AZ ST J COND COMM Rule 29
State Court Rules are current with amendments received through April 1, 2024. The Code of Judicial Administration is current with amendments received through April 1, 2024.
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