Rule 2 - Hearing by the CommitteeA. The Committee shall hold a hearing at the request of a majority of its members or of the judge whose conduct is being investigated. Such hearing shall be had before the Committee with a record. The Committee shall have subpoena power, and every witness shall be sworn. B. The Committee may engage counsel to present the matter before it. The judge shall be entitled to be present at the hearing, to be represented by counsel, to introduce evidence, and to examine and cross examine witnesses. Both counsel may subpoena witnesses under the Committee's authority. C. The Committee counsel shall issue to the judge a written notice containing a statement of alleged misconduct, including reference to any section of the Code of Judicial Conduct alleged to have been violated, or alleged disability. The notice shall state alleged facts upon which such charges are based. The Committee counsel shall make available to the judge all information concerning such charges as the Committee has acquired. D. Within thirty days after receipt of notice, the judge shall file a written response setting forth any admission, denial, affirmative defense, or other matter upon which he intends to rely at the hearing. E. Discovery shall be allowed under the Committee's direction upon request to and approval of the Committee. F. Evidence shall be admitted if it is of a kind upon which reasonable persons are accustomed to rely in the conduct of serious affairs. The Committee shall be guided on evidentiary matters by the Maine Rules of Evidence. G. The Chairman of the Committee or his designee may meet with counsel prior to hearing for the purpose of framing the issues, identifying areas of agreement, and otherwise simplify, the hearing. H. After hearing a matter, the Committee shall decide whether it is satisfied by a preponderance of the evidence that: (i) the judge has violated the Code of Judicial Conduct and that the violation is of such a serious nature as to warrant formal disciplinary action; or (ii) the judge has been convicted of a crime the nature of which casts into doubt his continued willingness to conform his conduct to the Code of Judicial Conduct; or (iii) the judge is suffering from a disability which materially affects his ability to perform his duties as a judge. I. The Committee shall make findings of fact and shall draw conclusions of law. If the Committee decides that a charge has not been established, it shall dismiss the matter and provide written notice of its decision to the judge and any complainant. If the Committee decides that a charge has been established, it shall report its decision to the Supreme Judicial Court and shall provide to the judge and any complainant written notice of its decision to report to the Court. Me. R. Jud. Resp. & Disab. Comm. 2
Amended November 12, 2019, effective 11/12/2019.