Section 2 - Action on the Complaint(A)(1) Upon receipt of a written and sworn complaint, the chair of the Board shall convene the Board and present the complaint. The director of the Board shall send a copy of the complaint to the judge against whom the complaint is made. The Board shall then review the investigation made by the Office of Disciplinary Counsel or a certified grievance committee. If, after review of the investigation, two-thirds of the members of the Board determine that there is substantial credible evidence in support of the complaint, the director of the Board shall certify to the Supreme Court the result of the investigation. (2) The report of the Board shall be sent by certified mail or electronic service address to the judge against whom the complaint is made at the same time it is sent to the Supreme Court.(B)(1)(a) If the report finds there is substantial credible evidence in support of the complaint, the Supreme Court shall appoint within a reasonable time after its receipt a commission of five judges, as provided in section 2701.11 of the Revised Code, that meets the following criteria: (i) Each judge shall have served four or more years on the courts of this state;(ii) If the respondent has declared his or her candidacy as a member of a major political party, as defined in section 3501.01 of the Revised Code, three of the judges shall be of the same political party as the respondent and two of the judges shall be of a different political party as the respondent.(b) The judge having the longest total service on the courts of this state shall serve as the chair of the commission. After receipt of the notice of appointment and the receipt of the complaint, the chair promptly shall fix a day, time, and place for the hearing.(2) If the commission determines by majority vote that grounds for retirement, removal, or suspension without pay have been established by clear and convincing evidence as alleged in the complaint or as provided in section 2701.12 of the Revised Code, the commission shall make the necessary and proper order. Notice of any order shall be sent by electronic service address or certified mail with return receipt to the judge against whom the finding has been made and to the Supreme Court.(3) As used in this rule: (a) "Mental disability" means the condition defined in division (A) of section 5122.01 of the Revised Code that presently prevents the proper discharge of the judge's duties.(b) "Physical disability" means the impairment of the faculties of a Justice or judge that has prevented the proper discharge of judicial duties for more than six months. Failure to be present in court or to perform usual judicial functions for six months or more shall raise a presumption of physical disability.(4) The commission shall make the determination of disability based upon the testimony adduced before it. Expert medical testimony may be received by the commission, and, with the consent of the respondent, it may name medical experts to examine the Respondent.Amended September 9, 2020, effective 11/1/2020; amended February 27, 2024, effective 3/1/2024.