Page 14 - Rules Governing Judicial Misconduct

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RULE 12. RIGHTS OF JUDGE UNDER INVESTIGATION
(a) Notice.
The judge complained about is entitled to written notice of an investigation (Rule 4(c)), to written notice of
expansion of the scope of an investigation (Rule 10(a)), and to written notice of any hearing (Rule 11(b)). All notices
will be provided by personal delivery, or certified or registered mail, with return receipt.
(b) Representation by counsel.
The judge complained about may be represented by counsel in the exercise of any of the
rights enumerated in this Rule. The costs of such representation may be borne by the United States to the extent
provided in Rule 14(h)
(c) Right to hearing; presentation of evidence.
The judge complained about is entitled to a hearing, and has the right
to present evidence and to compel the attendance of witnesses and the production of documents at the hearing. The
judge complained about will be afforded the opportunity to cross-examine committee witnesses, personally or through
counsel. Upon request of the judge, the Chief Judge or his designee will direct the Clerk of the Court to issue a
subpoena in accordance with 28 U.S.C. § 332(d)(1) (as made applicable through 28 U.S.C. § 356) and 38 U.S.C. §
7253(g)(1).
(d) Presentation of argument.
The judge complained about may submit written argument to the special committee at any
time, and will be given a reasonable opportunity to present oral argument at an appropriate stage of the investigation.
(e) Attendance at hearings.
The judge complained about will have the right to attend any hearing held by the special
committee and to receive copies of the transcript and any document introduced, as well as to receive a copy of any
written argument submitted by the complainant to the committee.
(f) Receipt of committee's report.
The judge complained about will have the right to receive the report of the special
committee at the time it is filed with the judicial council.
RULE 13. RIGHTS OF COMPLAINANT DURING INVESTIGATION
(a) Notice.
The complainant is entitled to written notice by personal delivery, or certified or registered mail, with return
receipt, of the investigation as provided in Rule 4(c). Upon the filing of a special committee's report to the judicial
council, the complainant will be notified by personal delivery, or certified or registered mail, with return receipt, that
a report has been filed and is before the judicial council for decision. Although the complainant is not entitled to a copy
of a report of a special committee, the judicial council may, in its discretion, provide a copy of such report to the
complainant.
(b) Opportunity to provide evidence and attend hearing.
The complainant is entitled to be interviewed by a
representative of any special committee appointed. If it is believed that the complainant has substantial information
to offer, the complainant will be called as a witness at a hearing before a special committee.
(c) Presentation of argument.
The complainant may submit written argument at any time to any special committee
appointed or to the judicial council. In the discretion of the special committee, the complainant may be permitted to
offer oral argument.
(d) Representation by counsel.
A complainant may submit to any special committee appointed written argument through
counsel and, if permitted to offer oral argument, may do so through counsel.
Chapter V: Judicial Council Consideration of Recommendations of Special Committee
RULE 14. ACTION BY JUDICIAL COUNCIL
(a) Judicial council consideration.
After receipt of a report of a special committee, the judicial council will determine
whether to dismiss the complaint, conclude the proceeding on the ground that corrective action has been taken or that
intervening events make action unnecessary, refer the complaint to the Judicial Conference of the United States, or