Institution and notice of public hearing

Rules of the Commission on Judicial Tenure and Discipline

Rule: 15

Jurisdiction: RI

Bluebook Citation: R.I. Comm. Jud. Ten. Disc. R. 15

If the Commission finds that substantial evidence exists to support the charges, it shall set a time and place for holding a public hearing. The Commission shall thereupon give a written notice to the respondent advising him or her of the institution of public proceedings. Such notice shall be given by prepaid registered or certified mail addressed to the respondent at his or her last-known place of residence. The notice shall specify the charges against the respondent and the alleged conduct upon which such charges are based. The notice shall advise the respondent of the time when and place where the public hearing will be held and shall be served upon the respondent not fewer than thirty (30) days prior to the hearing. It shall also advise the respondent that he or she shall file a written answer to the charges within twenty (20) days after the notice has been served upon the respondent. Allegations contained in the notice that are not denied in the answer shall be deemed admitted. The failure of the respondent to submit to a medical examination requested by the Commission may be taken into consideration in reaching a decision unless it appears that such failure was due to circumstances beyond the control of the judge. The notice and the answer shall be public documents except as otherwise provided in these rules.

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