Review by Special Court of Review

(a) (b) (c) (d) Applicability. A judge or judicial candidate who has been sanctioned or censured under Rules 4 or 5 in a final order by the Commission may request review of the order by a Special Court of Review. This rule does not apply to a decision by the Commission to initiate formal proceedings, recommend suspension, recommend removal, recommend retirement, or recommend prohibiting future service as a judge. Request. The request for appointment of a Special Court of Review must be filed with the Clerk of the Supreme Court within 30 days after the Commission issues the order. Appointment. Within 10 days after the request is filed, the Chief Justice will select the Special Court of Review. The Special Court of Review is composed of 3 Court of Appeals justices. It must not include a justice from the Court of Appeals district of the requesting judge or judicial candidate or a judge appointed to the Commission. The Chief Justice will notify the judge or judicial candidate and the Commission of the names of the justices appointed to the Special Court of Review and the date of their appointment. Charging Document; Record. Within 15 days after the appointment of the Special Court of Review, the Commission must file with the clerk designated to serve the Special Court of Review a charging document that includes a copy of the final Commission order and any additional charges to be considered by the Special Court of Review. The Commission must also file any records that Page 18 it considered in making its decision to sanction or censure the judge or judicial candidate. (e) Clerk Duties. The clerk must send the charging document to the judge or judicial candidate and to each member of the Special Court of Review. (f) Hearing. (1) Hearing Required. The Special Court of Review must conduct a hearing on the charging document at a time and place set by the Special Court of Review. A record of the hearing must be made by a court reporter or court recorder. (2) Deadline. Except as provided in paragraph (3), the hearing must be conducted within 30 days after the charging document is filed. (3) Continuance. For good cause shown, the Special Court of Review may grant one or more continuances. However, the continuance or continuances granted must not exceed 60 days cumulatively. (g) Standard of Review. (1) Review of an Order Imposed Without a Formal Proceeding. In reviewing a final order imposed under Rule 4 without a formal proceeding, the Special Court of Review must conduct a trial de novo as that term is used in the appeal of cases from justice to county court. The hearing under paragraph (f) is governed by the rules of law, evidence, and procedure that apply to civil actions, but the judge or judicial candidate is not entitled to trial by jury. The Special Court of Review must expedite discovery on request. The judge or judicial candidate must not request discovery of: (A) (B) the discussions, thought processes, or individual votes of Commission members; or the discussions or thought processes of employees of the Commission, including special counsel for the Commission. (2) Review of an Order Imposed After Formal Proceeding. In reviewing a final order imposed under Rule 5 after a formal proceeding, the review by the Special Court of Review is a de novo review of the record of the proceedings that resulted in the sanction or censure. The Special Court of Review must base its review on the law and facts presented in the formal proceeding and any additional evidence that the court may permit for good cause shown. Page 19 (h) Decision. Within 60 days after the hearing, the Special Court of Review must decide to: (1) dismiss the complaint; (2) affirm the Commission’s decision; (3) impose a lesser or greater sanction or censure; or (4) order to the Commission to file a formal proceeding. (i) (j) (k) Decision Not Appealable. The Special Court of Review’s decision is not appealable. Opinion. The Special Court of Review must hand down a written opinion that addresses every issue raised necessary to final disposition of the appeal. Any member of the Special Court of Review may file an opinion dissenting from or concurring in the Special Court of Review’s decision. Public Information. A document filed with the Special Court of Review, the hearing by the Special Court of Review, and any evidence introduced at the hearing is public information.