As amended through October 31, 2024
Section 9 - Judge's Right to Defend(a) After a notice of hearing has been filed, a judge shall have the right and reasonable opportunity to defend against the allegations contained in the notice of hearing by the introduction of evidence, to be represented by counsel, and to examine and cross-examine witnesses. He or she shall also have the right to the issuance of subpoenas for attendance of witnesses to testify or for the production of books, papers, documents, and other evidentiary matter.(b) When a transcript of the testimony has been prepared, a copy thereof shall, upon request, be provided to the judge.(c) If the judge is adjudged incompetent or if it appears to the Commission at any time during the proceedings that he or she is not competent to act for himself or herself, the Commission shall appoint a curator ad hoc unless the judge has a curator who will represent him or her. In the appointment of such curator ad hoc, preference shall be given, wherever possible, to members of the judge's immediate family. The curator or curator ad hoc may claim and exercise any right and privilege and make any defense for the judge with the same force and effect as if claimed, exercised, or made by the judge, if competent; and whenever this rule provides for serving or giving notice or sending any matter to the judge, such notice or matter shall be served, given, or sent to the curator or curator ad hoc.Amended effective 7/1/2016.