Opinion
January 24, 2003.
ORDER
By action of this court en banc, Iowa Court Rule 36.14 is amended, effective immediately, as shown in attached exhibit "A."
Dated this 24th day of January, 2003.
Rule 36.14. Conduct of hearing
At the time and place fixed for the hearing upon any complaint, the commission or division thereof shall proceed to hear the evidence, briefs of authorities and arguments in connection therewith. The hearing shall be private unless a written request for a public hearing is filed by the respondent. The respondent may present character evidence by sworn affidavit, which shall be filed as part of the respondent's exhibits. The affidavit shall be admitted into evidence unless the complaint indicates, at least three days prior to the scheduled hearing date, that it intends to cross-examine the affiant. In such case, the affidavit shall not be received into evidence, and the affiant shall testify in the manner of all other witnesses. The respondent may similarly offer the character evidence of a subpoenaed judge by sworn affidavit, subject to the same constraints if the complainant timely indicates its intention to cross-examine the affiant judge. All other witnesses shall testify at the hearing after administration of an oath by a member of the grievance commission or other person authorized by law to administer oaths, and their testimony shall be taken in writing by a duly qualified reporter. The rules governing procedures and the order and admissibility of evidence in causes tried in district court without a jury shall be adhered to as nearly as practicable. All questions of procedure, including objections to evidence, shall be determined by the chair of the commission or president of the division, as the case may be.