Rule 8 - Powers and duties of adjudicatory panel (a) Upon the receipt of a written referral for the institution of formal proceedings from any investigatory panel, the executive director shall select three or more members of the Commission, who did not serve on the investigatory panel, to serve on an adjudicatory panel for the particular case, and shall, without delay, refer the file to disciplinary counsel for preparation and issuance of a written notice advising the judge of the institution of formal proceedings. Such written notice shall be served by certified mail addressed to the judge at the address provided by the judge for such purposes. If the adjudicatory panel or disciplinary counsel are informed that the judge is represented by counsel notice of any investigation or examination shall be served on counsel for the judge. Such proceedings shall be entitled: State of Wyoming
Before the Commission on Judicial Conduct and Ethics
| An Inquiry Concerning | ) | |
| ) | No. _________________ |
| _____________________, | ) | |
| (Name of Judge) | ) | |
NOTICE OF FORMAL PROCEEDINGS
(b) The notice shall specify in ordinary and concise language the nature of the allegations made against the judge, shall identify the nature of costs and fees that may be assessed; include the names of the adjudicatory panel members; and advise the judge of the right to file a written, verified answer to the allegations made against the judge within 20 days after service of the notice upon the judge. Disciplinary counsel has an obligation to timely supplement the allegations made against the judge contained in the notice as discovery and additional information becomes available. (c) The judge shall file a written, verified answer to the notice of commencement of formal proceedings and to any supplemental allegations. Any request for recusal of a member of the adjudicatory panel shall be filed at the time of filing an answer and the grounds therefore shall be set forth in the request. In the event the adjudicatory panel member refuses to act upon the request for recusal, the adjudicatory panel shall determine whether the panel member should be recused. There shall be no voir dire examination of any members of the adjudicatory panel. (d) Following a hearing, the adjudicatory panel shall make findings and adjudications concerning allegations of judicial misconduct, criminal misconduct, civil misconduct and disability, and: (1) where none is proven by clear and convincing evidence, shall dismiss the case; or (2) where proven by clear and convincing evidence, shall make an adjudication and submit findings to the disciplinary panel for disposition which may include, but is not limited to, temporary discipline or interim suspension as provided in these rules, letters requiring remedial action, issuing or recommending deferred discipline agreements, or stipulated private censure. (e) The presiding officer of the adjudicatory panel shall have the power and responsibility to: (1) administer oaths and affirmations; (2) conduct such proceedings or conferences as may be necessary, set and establish dates for exchange of information, conferences, and hearings; issue subpoenas; receive, hear and determine all motions; (3) establish the terms, conditions and limitations of discovery and rule upon all discovery motions, including those pertaining to depositions, and when requested by a party or a member of the adjudicatory panel, to preside over a deposition; (4) open and officially close any hearing or other formal proceeding and preside over the hearing and regulate its proceedings; (5) rule upon the admissibility of all evidence, and receive all relevant evidence; and (6) sign the written decision and order at the conclusion of the proceedings and sign all other orders necessary to facilitate the orderly disposition of the case. Adopted January 8, 2014, effective April 1, 2014; amended January 24, 2017, effective May 1, 2017.