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August 14, 2018

Model Rules for Judicial Disciplinary Enforcement

Section II. General Provisions
Rule 14. Subpoena Power

  1. Oaths. Oaths and affirmations may be administered by any member of the commission, disciplinary counsel in matters under full investigation or any other person authorized by law.
  2. Subpoenas for Investigation. After a full investigation is authorized pursuant to Rule 17.B(3), disciplinary counsel may compel by subpoena the attendance of the judge or witnesses and the production of pertinent books, papers and documents for purposes of investigation. The investigative panel may issue subpoenas for specific witnesses or documents at the request of a judge under investigation.
  3. Subpoenas for Deposition or Hearing. After formal charges are filed, disciplinary counsel and respondent may compel by subpoena the attendance of witnesses and the production of pertinent books, papers and documents at a deposition or hearing held under these rules.
  4. Enforcement of Subpoenas. Upon proper application, the {appropriate court of general jurisdiction of the circuit, county or city} in which the attendance or production is required may enforce the attendance and testimony of any witnesses and the production of any documents subpoenaed.
  5. Quashing Subpoena. Any attack on the validity of a subpoena shall be heard and determined by the investigative or hearing panel before which the matter is pending or by the court wherein enforcement of the subpoena is being sought. Any resulting order is not appealable prior to entry of a final order in the proceeding.
  6. Witnesses and Fees. Subpoena fees and costs shall be the same as those provided for in proceedings in the {appropriate court of general jurisdiction}.