Model Rules for Judicial Disciplinary Enforcement

Section III. Disciplinary Proceedings
Rule 21. Failure To Answer/Failure To Appear

1. Failure to Answer. Failure to answer the formal charges shall constitute an admission of the factual allegations.
2. Failure to Appear. If the respondent should fail to appear when specifically so ordered by the hearing panel or the highest court, the respondent shall be deemed to have admitted the factual allegations which were to be the subject of such appearance and to have conceded the merits of any motion or recommendations to be considered at such appearance. Absent good cause, the hearing panel or highest court shall not continue or delay proceedings because of the respondent's failure to appear.

Commentary

This Rule provides remedies for a judge's failure to comply with the duty to respond to a lawful demand for information from a disciplinary authority. Failure to appear or to respond to a lawful demand is a ground for discipline under Rule 6.A(2). If the judge fails to appear when requested, such failure shall constitute lack of cooperation and may be the subject of a specific charge of misconduct.

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