PROCEEDINGS IN THE COURT ON THE JUDICIARY

(a) Finding of No Misconduct. If the final report of the Board or Panel does not report misconduct or disability, filing of the report shall conclude the matter, and an order shall be entered thereupon dismissing the complaint unless the Court, sua sponte, shall require further proceedings. (b) Finding of Misconduct. If the final report of the Board or Panel reports misconduct or disability, or if the Court determines, sua sponte, to proceed further, the following procedures shall apply: 9 Last amended effective March 6, 2018 (1) Appointment of Attorney to Uphold Report. The Court shall designate an attorney to uphold the report or the Court’s determination to proceed sua sponte; the attorney shall be the attorney, if any, who presented the case before the Board, unless the Court, sua sponte, or upon motion for good cause shown, orders another member of the Delaware Bar to uphold the report. (2) Exceptions to Final Report. Within 10 days of service, the judicial officer and presenting counsel may file exceptions to the final report, whether or not such exceptions were filed with the Board. (3) Briefing and Argument. If the exceptions raise no material issues of disputed fact, and raise only issues of law, the Court shall enter an order scheduling briefing and argument on the report under the practices and procedures of the Delaware Supreme Court. (4) Hearing. The Court shall hold a hearing and take evidence with respect to all disputed issues of material fact identified in the exceptions to the report. The parties may present any relevant evidence at the hearing, regardless of whether that evidence was presented to the Board or Panel, and the procedures established in Rule 13 shall control the conduct of the hearing. The Chief Justice, or in his absence or disqualification, the Senior Justice, shall be the presiding judge and shall make all evidentiary rulings. The Court shall consider the evidence de novo as to all disputed issues of material fact and shall make its own findings of fact and conclusions of law. (5) Final Disposition. At the earliest practicable time, the Court shall file a written opinion and order disposing of the case. The affirmative concurrence of not less than two-thirds of the members of the Court shall be necessary for the imposition of any sanction. If the Court finds that the judicial officer has violated the Delaware Judges’ Code of Judicial Conduct, but that the violation was not wilful or persistent, the Court’s finding may be considered in later disciplinary proceedings on the issue of whether other alleged misconduct by the judicial officer was wilful or persistent and on the issue of sanction. (6) Transmission of Opinion and Order. Copies of the Court’s written opinion and order shall be transmitted forthwith, and in no event later than 10 days, to the judicial officer, the presenting counsel, the complainant, the Panel, and the Board. A certified copy of an order of suspension, removal or 10 Last amended effective March 6, 2018 retirement shall be transmitted by the Court to the Governor, the State Treasurer, the Office of Disciplinary Counsel of the Delaware Supreme Court and any other official the Court may deem to be directly concerned.