Examiner for the Commission

(a) Role of the Examiner. The Examiner acts in a dual capacity as follows: (1) when an Inquiry Panel is considering a complaint against a judge, the Examiner assists the Inquiry Panel, when requested, in investigating the complaint; and (2) after formal proceedings are instituted, the Examiner prosecutes the formal complaint before a Hearing Panel and in any proceedings before the Supreme Court. (b) Powers and Duties of the Examiner. The Examiner’s duties and responsibilities include the following: (1) conducting or directing an investigation of matters referred by an Inquiry Panel; (2) administering oaths during investigation; (3) requesting the issuance of subpoenas by the Secretary; (4) employing others to assist with investigations; (5) notifying the judge, during the investigation, of the investigation and the general nature of the complaint; (6) allowing the judge to respond and present information or evidence; (7) making interim reports to the Inquiry Panel as needed or requested; (8) making a final report to the Inquiry Panel at the conclusion of an investigation; (9) preparing a formal complaint as directed and approved by the Inquiry Panel; (10) presenting the case to the Hearing Panel in support of charges in the formal complaint; (11) handling all proceedings filed in the Supreme Court under Rule 620; (12) entering into settlement discussions with a judge and presenting a joint settlement proposal to a Hearing Panel after formal proceedings are instituted; and (13) performing other duties at the direction of the Commission. [ History: New rule adopted effective May 1, 2019.]