Rule 12 - Review by the Supreme Court(1) All final decisions of the hearing panel which fully dispose of an entire proceeding may be appealed as of right to the Supreme Court by the judge or the counsel designated by the Board to prosecute the complaint pursuant to the Vermont Rules of Appellate Procedure, which rules shall govern the proceedings on appeal except where these rules establish a different procedure. (2) The appeal shall be filed with the clerk of the Supreme Court within thirty days of the Board's mailing of the hearing panel's final order. A copy shall simultaneously be served upon the Board Chair. (3) If no appeal is filed, the Court may order review on its own motion within 30 days of the date the hearing panel decision is filed with the Court. The Court may modify or remand a hearing panel decision only upon notice to the judge or the judge's counsel and the attorney designated by the Board to prosecute the complaint, and an opportunity to be heard. (4) If the Supreme Court desires an expansion of the record or additional findings with respect to the hearing panel's order, it may remand the matter to the Board, with appropriate directions, while retaining jurisdiction. In such cases, the appeal shall be stayed until the filing of the additional record. (5) Findings of fact by the hearing panel shall not be set aside unless clearly erroneous. (6) All Board orders suspending a judge for any period of time shall be reviewed by the Supreme Court whether or not an appeal is filed. No suspension shall become effective until the Court issues a written order affirming or modifying such suspension. Vt. Disc. Control of Judges R. 12
Adopted Feb. 17, 1978, eff. 3/1/1978; amended Aug. 31, 1981, eff. 11/3/1981; 9/17/2001, eff. 1/1/2002; 12/21/2010, eff. 2/21/2011.