Judicial Branch Certification Commission

Hearings

On request of the JBCC, at least one member of the applicable Advisory Board Complaint Review Committee shall attend the hearing to consult with the JBCC on the reasons for the Advisory Board Complaint Review Committee's determinations.

• At the hearing, the JBCC shall apply the general rules of evidence applicable in a district court, except that the JBCC may admit and consider any information the JBCC determines is relevant, trustworthy, and necessary for a full and fair adjudication and determination of fact or law.
• The JBCC may establish rules for conducting the hearing.

After Receipt of Notice of Violation

Not later than the 20th day after the date the respondent receives the Notice of Violation the respondent may, in writing, do one of the following:

1. accept the determination of the Complaint Review Committee and recommended penalty and/or sanction.
   
   • If the respondent accepts the determination and recommended penalty or sanction or fails to respond to the notice, the JBCC by order shall impose the recommended penalty and/or sanction as an agreed order; or may revise, reject, or remand the matter back to the committee. If the JBCC revises or rejects the proposed agreed order, it will give the respondent notice and an opportunity to accept the revised order or request a hearing.
2. request a hearing on the occurrence of the violation, the imposition or amount of the penalty, the imposition of the sanction, or any combination.
   • If the respondent requests a hearing, the JBCC shall give the respondent written notice of the hearing that includes the time, place, legal authority, and jurisdiction under which the hearing is held, and the laws and rules related to the violation. The JBCC shall also give the complainant written notice of the time and place of hearing.

• The respondent may appear, testify, present evidence, and respond to questions from the JBCC at the hearing.
• The complainant may appear and may testify at the discretion of the prosecutor and the Presiding Officer.
• A party may appear by telephone or videoconference or present the testimony of a witness by telephone or videoconference.

Hearing Outcomes

• The JBCC shall deliberate and announce its decision at the conclusion of the hearing.
• The JBCC shall make findings of fact and conclusions of law and promptly issue an order on the occurrence of the violation, the amount of any penalty imposed, and the imposition of any sanction.
• The JBCC shall give the respondent and complainant notice and a copy of the final order.
• The complainant and respondent are each responsible for their own costs of preparing for and attending the hearing.
• If the respondent fails to appear at the hearing, upon proof that notice of the hearing was given to respondent, the JBCC may proceed in the respondent’s absence; and the factual allegations in the complaint may be admitted.