Ariz. R. Comm. Jud. Cond. 3

As amended through August 22, 2024

Rule 3 - Organization

(a) Members. The commission is comprised of eleven members appointed to staggered, six-year terms in specific categories as provided in article 6. 1, § 1 of the constitution. Membership shall terminate if a member ceases to hold the position that qualified him or her for appointment. An appointment to fill a vacancy for an unexpired term shall be made in the same manner as provided for an original appointment.

(b) Officers. The members of the commission shall elect a chairperson, a vice-chairperson, and a secretary, each of whom may serve successive two-year terms. If an officer resigns or ceases to be a member of the commission, the commission shall elect another member to fill the remaining term of the vacated office.

(c) Duties of officers. The chairperson shall perform the duties normally associated with the office and shall preside over all general meetings of the full commission. The vice-chairperson shall act as chairperson in the absence of the chairperson. In the absence of both the chairperson and vice-chairperson, the members present at the meeting shall select an acting chairperson. The secretary, assisted by the executive director, shall keep the permanent minutes of commission meetings. The chairperson may appoint an acting secretary in the absence or inability of the secretary to perform these duties.

(d) Quorum. A majority of the members shall constitute a quorum for business transacted before the full commission. Three members shall constitute a quorum for an investigative panel and six members shall constitute a quorum for a hearing panel, providing that both panels shall include at least one public member.

(e) Meetings. The chairperson or any three members may call a meeting of the full commission and designate when and where the meeting shall be held. The chairperson or executive director shall notify each member of the time and place of any meeting.

(f) Panels. When necessary under these rules, the chairperson shall divide the commission into an investigative panel of three members and a hearing panel of eight members, and shall designate a member to preside over each panel. Whenever possible panels shall include members from each category of membership (judges, attorneys, and public members), and shall meet at the direction of the presiding member. No member who sits on an investigative panel during a particular case may sit on a hearing panel for the same case.

(g) Expenses. Commission members shall not be compensated for their services, but may be reimbursed for their travel and other expenses incidental to the performance of their duties.

(h) Disqualification. A member of the commission shall disqualify himself or herself in any matter in which disqualification would be required of a judge under the code.

(i) Complaints against judicial members. If a complaint is filed against a judicial member of the commission, that member shall not participate in the investigation or adjudication of the matter.

Ariz. R. Comm. Jud. Cond. 3

Added by Order dated Oct. 11, 2001, effective 1/1/2002.

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, 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 3. Records and Files

"(a) Maintenance of Records. All records of the commission shall be maintained, preserved or purged by the executive director in accordance with standards and practices approved by the commission.

"(b) Original Records. The original notice, return of proof of service, answer, and all other original copies of papers and pleadings shall be kept on file in the office of the executive director of the commission.

"(c) Closed Files.

"(1) A closed file is one involving any prior complaint, inquiry, investigation, report, informal disposition or formal proceeding received or initiated by the commission that the commission has officially closed.

"(2) Closed files may be referred to and used by the commission or the judge in connection with any subsequent proceeding for the purpose of determining the severity of the sanction, a pattern of misconduct, or exoneration of the judge.

"(3) The existence of closed files shall be made known to the judge prior to the commencement of formal proceedings."