Ariz. R. Comm. Jud. Cond. 23

As amended through December 6, 2023

Rule 23 - Disposition and Review

(a) Disposition. After reviewing a complaint, the report of the executive director or disciplinary counsel, or the recommendation of an investigative panel, the commission may issue an order dismissing the complaint or imposing an informal sanction consistent with these rules.

(b)Review. Within fifteen days after the commission sends an informal disposition order, review of the order may be sought by filing one of the following alternative motions.

(1)Motion for reconsideration. The judge or the complainant may file a motion for reconsideration, which may include a request to appear before the commission. No response to the motion is required unless requested by the commission. The commission shall promptly notify the judge and the complainant of its decision. Absent extraordinary circumstances, the commission will only consider factual information and evidence provided to it before the date of the disposition order.

(2)Request for formal hearing. The judge may file a request for a hearing conducted consistent with Rules 24-29, subject to the following provisions:

(A) The hearing shall be conducted before the commission rather than a hearing panel or hearing officer, and all duties of the "presiding member" referenced in Rules 25-29 shall be performed by the commission's chairperson or the chairperson's designee.

(B) Formal charges shall be filed pursuant to Rule 24, except that no investigative panel finding of reasonable cause is required. All other provisions of Rule 24 apply.

(C) Rules 27(a), (c), and (e), and Rule 28(b) do not apply.

(D) Disciplinary counsel and the judge or the judge's attorney may stipulate to otherwise limit or specify the scope or conduct of the hearing only with the approval of the commission chairperson or the chairperson's designee.

Ariz. R. Comm. Jud. Cond. 23

Added by Order dated Oct. 11, 2001, effective 1/1/2002. Amended6/8/2004, effective 12/1/2004;6/15/2004, nunc pro tunc6/8/2004. Amended and effective 6/28/2004;6/9/2005, effective 1/1/2006. Amended and effective 1/20/2006. Adopted in final form9/18/2006. Amended and effective9/18/2006;8/30/2012, effective 1/1/2013.

EFFECT