Ariz. R. Comm. Jud. Cond. 13

As amended through December 3, 2024

Rule 13 - Subpoena Power

(a) Subpoenas. In conformance with the applicable rules of civil procedure, presiding panel members, hearing officers, and their designees, on their own motion or at the request of a party, may issue subpoenas compelling the attendance of the judge or witnesses and the production of pertinent books, papers, and documents for the purposes of investigation, depositions, and formal hearings. Subpoenas issued during investigations prior to the institution of formal proceedings shall indicate that they are issued in connection with a confidential investigation.

(b) Enforcement. Upon proper application, the superior court in any county in which the attendance of a witness or production of documents is required shall enforce the attendance and testimony of any witnesses and the production of any documents subpoenaed.

(c) Witness fees. Subpoena fees and costs shall be the same as those provided for in proceedings in the superior court.

(d) Confidentiality. Documents obtained through a commission subpoena are confidential except to the extent they are made part of the record in a formal proceeding and thereby made available to the public as set forth in Rule 9.

Ariz. R. Comm. Jud. Cond. 13

Added by Order dated Oct. 11, 2001, effective 1/1/2002. Amended and effective 1/20/2006;9/2/2014, effective 1/1/2015.

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 Oct. 28, 1996, effective Dec. 1, 1996, 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 13. Administration of Oaths

"Each member of the commission or its staff, and any special master appointed under these rules, shall have the power to administer oaths for the taking of the testimony for 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, shall 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."