(a) When, in the preliminary judgment of the investigative panel, there is probable cause to believe the judge under investigation is guilty of one (1) or more of the offenses prescribed in § 17-5-302, or is suffering from a disability as set forth in § 17-5-303, it shall be the duty of the disciplinary counsel to give the judge under investigation written notice of the details of the formal charges.
(b) The formal charges shall give fair and adequate notice of the nature of the alleged misconduct or incapacity. Disciplinary counsel shall file the formal charges with the court. Disciplinary counsel shall cause a copy of the formal charges to be served upon the judge or judge's counsel by certified mail and shall file proof of service with the court.
(c) The judge shall have thirty (30) days from and after the receipt of written notice of the formal charge within which to file an answer with the court and serve a copy on disciplinary counsel.
(d) The raising of a mental or physical condition as a defense constitutes a waiver of any medical privilege.
(e) Failure to answer the formal charges shall constitute an admission of the factual allegations.
(f) If the judge fails to appear when specifically so ordered by the hearing panel or the court, the judge shall be deemed to have admitted the factual allegations that were to be the subject of the appearance and to have conceded the merits of any motion or recommendation to be considered at the appearance. Absent good cause, the hearing panel or court shall not continue or delay proceedings because of the judge's failure to appear.
(g) (1) At any time after the filing of formal charges and before final disposition, the judge may agree with disciplinary counsel that the judge shall admit to any or all of the formal charges in exchange for a stated sanction. The agreement shall be submitted to the hearing panel assigned to the case, which shall either:
(A) Reject the agreement; or
(B) Approve the agreement and enter the order disciplining the judge.
(2) If the stated sanction is rejected by the hearing panel, the agreement shall be withdrawn and cannot be used against the judge in any proceedings.
(3) A judge who consents to a stated sanction shall sign an affidavit stating that:
(A) The judge consents to the sanction;
(B) The consent is freely and voluntarily rendered;
(C) There is presently pending a proceeding involving allegations of misconduct, which shall be specifically set forth in the affidavit; and
(D) The facts set forth in the affidavit are true.
(4) Upon approval by the hearing panel, the affidavit shall be filed with the court. The affidavit shall remain confidential until it is filed with the court. The final order of discipline shall be based upon the formal charges and the conditional admission.
(a) When, in the preliminary judgment of the investigative panel, there is probable cause to believe the judge under investigation is guilty of one (1) or more of the offenses prescribed in § 17-5-302, or is suffering from a disability as set forth in § 17-5-303, it shall be the duty of the disciplinary counsel to give the judge under investigation written notice of the details of the formal charges.
(b) The formal charges shall give fair and adequate notice of the nature of the alleged misconduct or incapacity. Disciplinary counsel shall file the formal charges with the court. Disciplinary counsel shall cause a copy of the formal charges to be served upon the judge or judge's counsel by certified mail and shall file proof of service with the court.
(c) The judge shall have thirty (30) days from and after the receipt of written notice of the formal charge within which to file an answer with the court and serve a copy on disciplinary counsel.
(d) The raising of a mental or physical condition as a defense constitutes a waiver of any medical privilege.
(e) Failure to answer the formal charges shall constitute an admission of the factual allegations.
(f) If the judge fails to appear when specifically so ordered by the hearing panel or the court, the judge shall be deemed to have admitted the factual allegations that were to be the subject of the appearance and to have conceded the merits of any motion or recommendation to be considered at the appearance. Absent good cause, the hearing panel or court shall not continue or delay proceedings because of the judge's failure to appear.
(g) (1) At any time after the filing of formal charges and before final disposition, the judge may agree with disciplinary counsel that the judge shall admit to any or all of the formal charges in exchange for a stated sanction. The agreement shall be submitted to the hearing panel assigned to the case, which shall either:
(A) Reject the agreement; or
(B) Approve the agreement and enter the order disciplining the judge.
(2) If the stated sanction is rejected by the hearing panel, the agreement shall be withdrawn and cannot be used against the judge in any proceedings.
(3) A judge who consents to a stated sanction shall sign an affidavit stating that:
(A) The judge consents to the sanction;
(B) The consent is freely and voluntarily rendered;
(C) There is presently pending a proceeding involving allegations of misconduct, which shall be specifically set forth in the affidavit; and
(D) The facts set forth in the affidavit are true.
(4) Upon approval by the hearing panel, the affidavit shall be filed with the court. The affidavit shall remain confidential until it is filed with the court. The final order of discipline shall be based upon the formal charges and the conditional admission.
(a) When, in the preliminary judgment of the investigative panel, there is probable cause to believe the judge under investigation is guilty of one (1) or more of the offenses prescribed in § 17-5-302, or is suffering from a disability as set forth in § 17-5-303, it shall be the duty of the disciplinary counsel to give the judge under investigation written notice of the details of the formal charges.
(b) The formal charges shall give fair and adequate notice of the nature of the alleged misconduct or incapacity. Disciplinary counsel shall file the formal charges with the court. Disciplinary counsel shall cause a copy of the formal charges to be served upon the judge or judge's counsel by certified mail and shall file proof of service with the court.
(c) The judge shall have thirty (30) days from and after the receipt of written notice of the formal charge within which to file an answer with the court and serve a copy on disciplinary counsel.
(d) The raising of a mental or physical condition as a defense constitutes a waiver of any medical privilege.
(e) Failure to answer the formal charges shall constitute an admission of the factual allegations.
(f) If the judge fails to appear when specifically so ordered by the hearing panel or the court, the judge shall be deemed to have admitted the factual allegations that were to be the subject of the appearance and to have conceded the merits of any motion or recommendation to be considered at the appearance. Absent good cause, the hearing panel or court shall not continue or delay proceedings because of the judge's failure to appear.
(g) (1) At any time after the filing of formal charges and before final disposition, the judge may agree with disciplinary counsel that the judge shall admit to any or all of the formal charges in exchange for a stated sanction. The agreement shall be submitted to the hearing panel assigned to the case, which shall either:
(A) Reject the agreement; or
(B) Approve the agreement and enter the order disciplining the judge.
(2) If the stated sanction is rejected by the hearing panel, the agreement shall be withdrawn and cannot be used against the judge in any proceedings.
(3) A judge who consents to a stated sanction shall sign an affidavit stating that:
(A) The judge consents to the sanction;
(B) The consent is freely and voluntarily rendered;
(C) There is presently pending a proceeding involving allegations of misconduct, which shall be specifically set forth in the affidavit; and
(D) The facts set forth in the affidavit are true.
(4) Upon approval by the hearing panel, the affidavit shall be filed with the court. The affidavit shall remain confidential until it is filed with the court. The final order of discipline shall be based upon the formal charges and the conditional admission.
