Rule 606: 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.]