FORMULATION AND PRESENTATION OF CHARGES

Show Cause Order. After appointment under Rule 9, the Board shall (a) issue a show cause order why the judicial officer should not be sanctioned or retired. The order shall include a copy of the Panel’s report or of the Chief Justice’s sua sponte determination, and shall state the time and place of the hearing. The hearing shall be held at the earliest practicable time within 90 days of the Board’s appointment. The order shall be served upon the judicial officer promptly. A copy of the order shall be filed with the Court. The order shall be substantially in the form attached hereto as Exhibit A. (b) Service of Show Cause Order. Service upon the judicial officer of the show cause order shall be made by personal service upon the judicial officer or the judicial officer’s attorney by any person authorized by the Board, or by certified mail to the judicial officer. (c) Appointment of Presenting Counsel. The Board shall promptly appoint a presenting counsel who shall conduct an investigation and present evidence on the formal charges. Presenting counsel shall maintain confidentiality insofar as practicable and shall advise all persons interviewed of the requirement of confidentiality. (d) Judicial Officer’s Answer. The judicial officer shall file with the Board an answer to the order within 15 days after service thereof. The response must be detailed, alleging all defenses and explanations with particularity and containing specific references to pertinent court rules, practices, or provisions of the Delaware Judges’ Code of Judicial Conduct. A copy of the answer shall be filed with the Court.