Rule 28 - Recommendations(a) By a hearing panel. The hearing panel shall file proposed recommendations no later than fifteen days after the digital recording of the hearing is finalized and available to the commission and respondent judge. The recommendations shall be served on both parties, and either party may file a motion for reconsideration within ten business days. The motion shall be limited to whether the evidence in the record supports the findings of fact. If a motion is filed, the adverse party may file a response within ten business days, and no reply shall be filed unless ordered by the hearing panel. The hearing panel may accept or reject any objections to the factual findings without further proceedings.(b) By a hearing officer. The hearing officer shall file proposed recommendations no later than fifteen days after the digital recording of the hearing is finalized and available to the commission and respondent judge. Commission members who have not previously participated in the investigation shall review the findings of fact based on a clearly erroneous standard and the conclusions of law on a de novo basis. Where an investigative panel referred the matter to the full commission, which then directed the filing of formal charges, the members of the commission who did not sit on the investigative panel did not previously participate in the investigation for purposes of this rule. The commission so constituted may thereafter adopt, reject, or modify the proposed recommendations. The recommendations shall be served on both parties, and either party may file a motion for reconsideration within ten business days. The motion shall be limited to whether the evidence in the record supports the findings of fact. If a motion is filed, the adverse party may file a response within ten business days, and no reply shall be filed unless ordered by the commission. The commission may accept or reject any objections to the factual findings without further proceedings.(c) Filing and notice to judge. Recommendations for formal sanctions, as well as a copy of the statement of formal charges, respondent's answer, if any, and Rule 30 agreement, if applicable, shall be filed with the clerk of the supreme court and are subject to review in accordance with Rule 29. Recommendations for informal sanctions shall be filed with the commission and are not subject to review by the supreme court. In either case, a copy of the recommendations and notice of the filing shall be promptly served upon the judge and the complainant.Ariz. R. Comm. Jud. Cond. 28
Added by Order dated Oct. 11, 2001, effective 1/1/2002. Amended6/8/2004, effective 12/1/2004;6/15/2004, nunc pro tunc6/8/2004. Amended and effective 1/20/2006. Amended Sept. 18, 2006, effective 1/1/2007;9/2/2014, effective 1/1/2015.