Rule 3 - Organization and Authority of the Commission(a)Meetings. Meetings shall be scheduled as necessary. The commission shall meet periodically as determined by the commission to consider administrative and other matters. The chair may call meetings of the commission other than regularly scheduled meetings upon the chair's own motion; the chair shall call a meeting upon the written request of three members of the commission. Business meetings may be conducted by telephone conference calls or other telecommunications means within the provisions of the Open Public Meetings Act, whereby each participant in the meeting can simultaneously hear the others and further, whereby at least one site, identified by proper notice, shall provide the capability for members of the public to hear the conference. Other meetings and executive sessions may be conducted by telephone conference calls.(b)Officers. The commission shall elect one of its members to serve as chair, another to serve as vice-chair, and another to serve as secretary for such terms as the commission shall determine. The vice-chair shall perform the duties of the chair whenever the chair is absent or unable to act.(c)Quorum. Six members of the commission shall constitute a quorum for the transaction of business. A vote of six members of the commission shall be required to adopt rules. A finding of probable cause shall require the concurrence of six members of the commission. The concurrence of six members of the commission shall be required to make a decision in a proceeding. The chair will arrange for an alternate member selected by the appropriate appointing authority to serve in the place of a member whenever a member is disqualified or unable to serve. The alternate member so called upon shall have all the authority of a member of the commission during the time the member is unable to serve.(d)Powers and duties. The duty and authority of the commission shall include but not be limited to: (1) Adopting rules of procedure for discipline and incapacity proceedings;(2) Appointing commission counsel;Employing an executive director and other staff;(3) Employing an executive director and other staff;(4) Appointing investigative officers;(5) Retaining disciplinary counsel;(6) Reviewing the recommendation of the investigative officer and/or disciplinary counsel after screening and a preliminary investigation, and either authorizing a full investigation of a complaint against a respondent in initial proceedings or dismissing the complaint;(7) Reviewing the findings of the investigative officer and/or disciplinary counsel after a full investigation of a complaint against a respondent in initial proceedings and dismissing the matter, making a finding of probable cause, or, after making a finding of probable cause, instructing disciplinary counsel to file a statement of charges;(8) Ruling on prehearing motions, conducting hearings on a statement of charges, and making findings, conclusions, and a decision;(9) Where appropriate, making recommendations to the supreme court for discipline pursuant to Rule 24; or(10) Dismissing the case.(e)Recusal.(1) A member of the commission should disqualify himself or herself if his or her impartiality might reasonably be questioned because of a conflict of interest or personal bias or prejudice.(2) If a member who is a judge or judge pro tem becomes a respondent to a statement of allegations (Rule 17) or statement of charges (Rule 19), that member shall be disqualified from attending further meetings and shall not perform any commission duties until proceedings on the allegations and/or charges are completed. Should the member be disciplined by the commission, the issue of that member's continuing participation on the commission shall be referred to the member's appointing authority for a decision on whether the member should continue to serve on the commission on judicial conduct.(3) Respondent may file an affidavit challenging for cause any member who respondent believes cannot impartially consider the statement of charges. The affidavit must be filed within seven days after service of the notice of hearing identifying those members assigned to conduct the hearing. The commission chair, or vice-chair, will decide any challenge for cause if the member does not disqualify himself or herself.(f)The duty and authority of the commission shall include but not be limited to: The presiding officer shall have authority to: (1) Determine the order of presentation of evidence;(2) Identify the materials initially to be provided to the participating members;(3) Administer oaths and affirmations;(5) Confer with participating panel members on all procedural matters, objections, and motions;(6) Rule on offers of proof and receive relevant evidence;(7) Direct the course of additional questioning of witnesses by participating panel members during the course of a public disciplinary proceeding;(8) Take any appropriate action necessary to maintain order during the hearing;(9) Permit or require oral argument or briefs and determine the time limits for submission thereof;(10) Chair the deliberations of the participating members;(11) Announce the commission decision in an open session;(12) Take any other action necessary and authorized by any applicable statute or rule or by the hearing panel;(13) Waive any requirement of these rules applicable to a public proceeding unless a party shows that it would be prejudiced by such a waiver.Wash. Commi. Jud. Cond. R. Proce. 3
Comment on Rule 3.
The Open Public Meetings Act does not apply to Commission judicial disciplinary proceedings. Wa. Const. Art. IV Sec. 31(10); RCW 2.64.115; and RCW 42.30.140(2).