Rule 16 - Final adjudication(a)Final adjudication in favor of the judge. If the adjudicatory panel by majority vote fails to find judicial misconduct, criminal misconduct, civil misconduct or disability by clear and convincing evidence, then the proceedings shall be dismissed and the record shall show an adjudication in favor of the judge.(b)Final adjudication against the judge. If the adjudicatory panel by majority vote finds judicial misconduct, criminal misconduct, civil misconduct or disability by clear and convincing evidence, then the adjudicatory panel shall set forth and transmit its findings to the disciplinary panel for disposition. (c) Within a reasonable time following the hearing before the adjudicatory panel, the adjudicatory panel shall submit to the disciplinary panel the record of proceedings, including a full transcript of the testimony and all matters received in evidence, and submit the decision setting forth the findings of facts, conclusions of law and any minority opinions. A copy of the decision shall be served on the judge or counsel for the judge. (d) The judge is not entitled to a full evidentiary hearing before the disciplinary panel following the submission of the record and decision by the adjudicatory panel. The judge has the right to appear, at the judge's sole election, in person, through counsel, or in writing, at or prior to the disciplinary panel hearing at which the panel takes any action relative to the judge's case.(e)Disposition. After receipt of an adjudicatory panel's finding of violation of the Wyoming Code of Judicial Conduct, the entire Commission shall convene to determine the nature of the sanction to be imposed against the judge after affording the judge reasonable notice and a reasonable amount of time to appear before the panel as provided by these rules. Upon a majority vote of the disciplinary panel, a recommendation for censure, removal or retirement, including assessment of costs and fees shall be made on behalf of the Commission and transmitted with the record and recommendations forthwith to the Wyoming Supreme Court consistent with these rules.(f) In determining the appropriate sanction, the panel may consider the following, nonexclusive factors: (1) the nature, extent, and frequency of the misconduct; (2) the judge's experience and length of service on the bench; (3) whether the conduct occurred in the judge's official capacity or private life; (4) the nature and extent to which the acts of misconduct injured other persons or respect for the judiciary;(5) whether and to what extent the judge exploited his or her position for improper purposes;(6) whether the judge has recognized and acknowledged the wrongful nature of the conduct and manifested an effort to change or reform the conduct;(7) whether there has been prior disciplinary action concerning the judge, and if so, its remoteness and relevance to the present proceeding; (8) whether the judge complied with prior discipline or requested and complied with a formal ethics advisory opinion;(9) whether the judge cooperated fully and honestly with the Commission in the proceeding; and(10) whether the judge was suffering from personal or emotional problems or physical or mental disability or impairment at the time of the misconduct. (11) The ABA Standards for Imposing Lawyer Discipline may be considered in determining the appropriate sanction.(g) Retirement for disability. In a proceeding involving a judge's alleged disability, if after a hearing before the disciplinary panel, a majority of the members finds by clear and convincing evidence that a judge suffers from a disability, it shall recommend the Wyoming Supreme Court retire the judge for disability. The matter shall then proceed pursuant to Rule 18.
Wyo. R. Rel. Jud. 16
Adopted January 8, 2014, effective April 1, 2014; amended January 24, 2017, effective May 1, 2017.