D.C. Mun. Regs. tit. 28, r. 28-2016

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 28-2016 - PROCEDURAL RIGHTS OF JUDGES
2016.1

In a proceeding the judge shall be admitted to all hearing sessions.

2016.2

A judge shall be given every reasonable opportunity to defend himself or herself against the charges, including the introduction of evidence, representation by counsel, and examination and cross-examination of witnesses.

2016.3

A judge shall have the right to the issuance of subpoenas for attendance of witnesses at the hearing to testify or produce material evidentiary matter.

2016.4

A copy of the hearing record of a proceeding shall be provided to the judge at the expense of the Commission.

2016.5

If it appears to the Commission at any time during a proceeding that the judge is not competent to act for himself or herself, the Commission shall seek the appointment of a guardian ad litem unless the judge has a legal representative who will act for him or her.

2016.6

The guardian ad litem or legal representative may exercise any right and privilege and make any defense for the judge with the same force and effect as if exercised or made by the judge, if he or she were competent. Whenever the provisions of this chapter provide for notice to the judge, that notice shall be given to the guardian ad litem or legal representative.

D.C. Mun. Regs. tit. 28, r. 28-2016

: Final Rulemaking published at 24 DCR 9391, 9404-05 (May 5, 1978); Final Rulemaking published at 37 DCR 6032, 6039 (September 14, 1990); and Final Rulemaking published at 39 DCR 9333, 9340 (December 11, 1992); as amended by Final Rulemaking 53 DCR 114 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); amended by Final Rulemaking published at 64 DCR 6302 (7/7/2017); amended by Final Rulemaking published at 66 DCR 12406 (9/20/2019); amended by Final Rulemaking published at 71 DCR 3224 (3/22/2024); amended by Final Rulemaking published at 71 DCR 9641 (8/2/2024)