Ariz. R. Comm. Jud. Cond. 11
Each member of the commission or its staff, and any hearing officer appointed under these rules, shall have the power to administer oaths for taking testimony on matters within the jurisdiction of the commission. Witnesses shall be sworn upon oath or affirmation to tell the truth and, prior to the initiation of formal proceedings, may be sworn not to disclose the existence of the investigation or the identity of the judge until the proceeding is no longer confidential under the rules.
Ariz. R. Comm. Jud. Cond. 11
RULES GOVERNING
<Proceedings commenced prior to the January 1, 2002 effective date of these new rules shall continue to be governed by the rules effective prior to the effective date until the closure of the matter.>
HISTORICAL NOTES
The former rule, adopted May 24, 1990, effective July 1, 1990, amended March 27, 1995, effective June 1, 1995; Jan. 24, 2001, effective June 1, 2001, was abrogated by Order dated October 11, 2001, effective December 31, 2001. Because the former rule has continuing effect for actions begun prior to the date of repeal, the text of the rule is set out below.
"Rule 11. Supreme Court Review
"(a) Finality of Recommendations. A commission recommendation of censure shall be final unless the respondent judge files a petition under paragraph (b) of this rule. All other recommendations of the commission are subject to review by the supreme court.
"(b) Petition to Modify or Reject Recommendations. Within 15 days after the filing of the commission's final recommendations, the judge may file in the supreme court a petition to modify or to reject the recommendations of the commission setting forth the grounds. Simultaneously, the judge may request a hearing on oral argument by filing a separate document. Within 15 days thereafter, the commission shall file such response as it deems appropriate. All factual argument in these pleadings shall be limited to the record except as to judicially noticeable material. The petition, response and any reply must otherwise comply with Rule 6(c), ARCAP.
"(c) Submission to the Court. After the filing of a petition to modify or reject commission recommendations and the commission's response, the record shall be transmitted to the clerk of the supreme court and the matter shall be submitted for determination by the supreme court. If no request for oral argument has been made within the time provided for filing of the petition to modify or reject, the matter shall be deemed submitted to the supreme court for its decision.
"(d) Proposed Form of Order for Interim Suspension. In the event the commission recommends suspension, removal or retirement from office, the commission shall file a proposed form of order with its recommendations that gives notice to the respondent judge of the interim suspension required by article 6.1, § 2 of the constitution and provides a place for signature by the chief justice of the supreme court. The commission shall promptly notify the presiding judge of the court where the respondent judge sits of the issuance of the order.
"(e) Entry of Judgment. If the respondent judge does not file a timely petition under this rule to review a commission recommendation of censure, suspension, removal or retirement from office, the executive director shall file in the supreme court a certificate attesting to those facts, a copy of the commission recommendation, and a form of judgment for signature by the clerk of the court. In the case of a recommendation of censure, the clerk shall sign and enter the judgment immediately. In the case of a recommendation of suspension, removal or retirement from office, the clerk shall sign and enter the judgment if after 30 days the court has not requested that the matter be docketed for review pursuant to paragraph (f) of this rule.
"(f) Review by the Court. In cases in which the commission has recommended suspension, removal or retirement from office, the court, within 30 days, in its discretion, may order that the record on appeal be transmitted to the clerk and the matter docketed for review by the court.
"(g) Expedited Consideration. The commission may petition the supreme court at any time for expedited consideration of a matter.
"(h) Final Determination. The determination of the supreme court shall be regarded as final and shall be effective on the date the supreme court's order or opinion is filed with the clerk of the court."