Rule 14 - Formal Disciplinary Hearing(a)Pre-hearing Conference. Upon receipt of the judge's response to the complaint, the commission will set a pre-hearing conference to be held not later than the next regularly scheduled commission meeting. The commission chair or the chair's designee shall preside at the pre-hearing conference. At the conference, a discovery and briefing schedule will be established and the hearing date set. The discovery and briefing schedule will include (1) a preliminary witness list; (2) a preliminary exhibit list; (3) a schedule for substantive motions. (b)Discovery. Discovery for a formal hearing is governed by Rule 12(c) of these rules. (c)Master. The formal hearing will be conducted before either the commission or a master designated by the commission. A master will be used only in compelling and extraordinary situations, as determined by the commission. When the hearing is before the full commission, either the chair or another member appointed by the chair will preside. A member of the commission may not serve as master. The master will have the same procedural authority as the commission chair when conducting the hearing. (d)Role of the Chair. The chair is the presiding officer both at the hearing and during pre-hearing and post- hearing motions. The chair has the authority to decide all nondispositive motions on behalf of the full commission. (e)Conduct of Hearing. The following rules apply to the conduct of hearings: (1) At the time and place set for the hearing, the full commission will, or master shall, proceed with the hearing whether or not the judge has filed an answer or personally appears at the hearing. (2) A hearing may rely in whole or in part on a statement of facts agreed to by both parties and placed in the public record. (3) The proceedings at the hearing will be reported by electronic recording device in the same manner as proceedings are reported in a state court. The judge may, at the judge's expense, provide a court reporter of the judge's choosing. (4) Commission members may question witnesses and hold brief conferences during the course of the hearing, to facilitate their fact-finding function. (f)Evidence. The rules of evidence apply and all testimony will be under oath. The chair, presiding member, or master will administer the oath, rule on the admissibility of evidence, and otherwise direct the manner and order of proceedings in the same manner as a judge of a state court. The standard of proof is clear and convincing evidence. (g)Amendment of Complaint. By leave of the commission, a formal charge may be amended after the hearing begins, to conform to proof or to present additional facts, if the judge and the judge's counsel are given adequate time to prepare a response. (h)Determination. Upon determination of a matter, the following rules apply: (1) When the factfinder is a master, that master shall, within 60 days after the hearing, submit findings and recommendations, together with the record and transcript of proceedings, to the commission for review, and contemporaneously serve them upon the judge. The commission will pay all costs associated with the master's findings and recommendations. (2) The judge, and commission counsel, may submit written objections to the findings and recommendations of the master within 15 days after receipt. (3) The findings, conclusions, and accompanying materials, together with the objections, if any, will be promptly reviewed by the commission not later than its next regularly scheduled meeting. The commission may make independent findings of fact from the record. If the entire commission served as factfinder, the chair will draft findings and recommendations as directed by the commission. (4) If no statement of objection is filed within the time provided, the commission will, in its discretion, adopt, in whole or in part, the findings of the master without a hearing. If a statement of objection proposes to modify or reject the findings of the master, the commission will give the judge and special counsel an opportunity to be heard orally before the commission not later than its next regularly scheduled meeting. The executive director shall serve written notice of the time and place of the hearing on the judge at least 10 days before the hearing. (i)Extension of Time. The chair of the commission or the master may grant reasonable time extensions for good cause shown. (j)Hearing Additional Evidence. The commission will, in its discretion, order the taking of additional evidence at any time while the matter is pending before it. The order will set the time and place of the hearing and indicate the matters on which the evidence is to be taken. The executive director shall serve a copy of the order on the judge at least 10 days before the date of the hearing. The hearing of additional evidence may be before the master or the commission, at the commission's discretion. (k)Role of Executive Director After Formal Charge. After a formal charge is issued, the executive director may serve as a liaison between the commission and all counsel of record, and may provide research and administrative assistance as requested by the commission. Alaska Jud. Cond. Comm. R. 14
Adopted 11/1/1991; amended 12/1/2000.