September 18, 2018

Model Rules for Judicial Disciplinary Enforcement

The ABA Model Rules for Judicial Disciplinary Enforcement, including Preamble and Terminology, were adopted by the ABA House of Delegates on August 9, 1994.

Nothing contained in this book is to be considered as the rendering of legal advice for specific cases, and readers are responsible for obtaining such advice from their own legal counsel.

1995 by the American Bar Association. All rights reserved.

Printed in the United States of America.

ISBN: 1-57073-137-3

Discounts are available for books ordered in bulk. Special consideration is given to state bars, CLE programs and other bar-related organizations. Inquire at ABA Center for Professional Responsibility, Regulation Department, 321 N. Clark Street, Chicago, Illinois 60610.

Preface

Preamble

Terminology

Section I. Organization and Structure

Rule 1. Disciplinary Authority

Rule 2. The Commission on Judicial Conduct

A. Purpose
B. Jurisdiction
C. Appointment of Members
D. Terms
E. Vacancies
F. Funding

Rule 3. Organization and Authority of the Commission

A. Panels and Meetings
B. Officers
C. Quorum
D. Expenses
E. Powers and Duties
F. Recusal
G. Complaints Against Members of the Commission

Rule 4. Disciplinary Counsel

A. Appointment
B. Powers and Duties

Rule 5. Commission Counsel

A. Appointment
B. Powers and Duties

Section II. General Provisions

Rule 6. Grounds for Discipline; Sanctions Imposed; Deferred Discipline Agreement

A. Grounds for Discipline
B. Sanctions

Rule 7. Proof

Rule 8. Civil Rules Applicable

Rule 9. Right to Counsel

Rule 10. Ex Parte Contacts

Rule 11. Confidentiality

A. Proceedings
B. Information

Rule 12. Immunity from Civil Suits

Rule 13. Service

Rule 14. Subpoena Power

A. Oaths
B. Subpoenas for Investigation
C. Subpoenas for Deposition or Hearing
D. Enforcement of Subpoenas
E. Quashing Subpoena
F. Witnesses and Fees

Rule 15. Interim Suspension

A. Criminal Prosecution
B. Definition of "Serious Crime"
C. Other Misconduct
D. Motion for Reconsideration
E. Effect on Commission Action

Rule 16. Notification to Complainant

Section III. Disciplinary Proceedings

Rule 17. Screening and Investigation

A. Screening
B. Preliminary Investigation
C. Full Investigation
D. Disposition After Full Investigation
E. Immunity from Criminal Prosecution

Rule 18. Use of Allegations From Dismissed Cases

Rule 19. Formal Charges

Rule 20. Answer

A. Time
B. Waiver of Privilege

Rule 21. Failure to Answer/Failure to Appear

A. Failure to Answer
B. Failure to Appear

Rule 22. Discovery

A. Witnesses
B. Other Evidence
C. Exculpatory Evidence
D. Duty of Supplementation
E. Completion of Discovery
F. Failure to Disclose
G. Resolution of Disputes
H. Civil Rules Not Applicable

Rule 23. Discipline by Consent

A. Approval
B. Rejection of Sanction
C. Affidavit of Consent
D. Order of Discipline

Rule 24. Hearing

A. Scheduling
B. Hearing Panel
C. Conduct of Hearing
D. Dismissal or Recommendation for Sanction
E. Submission of the Report
F. Notice of Exceptions
G. Notice to {Lawyer Disciplinary Agency}

Rule 25. Review by {Highest Court}

A. Expedited Consideration
B. Brief and Supplementary Filings
C. Stay for Further Proceedings
D. Decision

Section IV. Special Proceedings

Rule 26. Complaint Against a Member of {Highest Court}

A. Proceedings Generally
B. Special Supreme Court
C. Stipulated Dispositions
D. Final Disposition

Rule 27. Cases Involving Allegations of Mental or Physical Incapacity

A. Initiation of Incapacity Proceeding
B. Proceedings to Determine Incapacity Generally
C. Involuntary Commitment or Adjudication of Incompetency
D. Inability to Properly Defend in a Disciplinary Proceeding
E. Stipulated Disposition
F. Appointment to Fill Vacancy
G. Reinstatement from Incapacity Inactive Status

Next - Preface

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