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Typical Case Flow Description
A case in the Court of Judicial Discipline begins when the Judicial Conduct Board files a Complaint formally charging a judicial officer with misconduct. Charges may be based upon the specific language of Article V, §18(d)(1), or upon conduct prohibited under Article V, §17. When the Board files a Complaint, the President Judge is required to appoint a Conference Judge within 10 days of the filing. The Conference Judge is directed to conduct pre-trial hearings, act on pre-trial motions, and certify notice to the President Judge that a case is ready for trial. Once the Complaint is filed, the judicial officer has the option, within 30 days of the service of the Complaint, of filing an Omnibus Motion, which could raise questions such as the sufficiency of the allegations or the jurisdiction of the Court or the Board. If the judicial officer files an Omnibus Motion, the Board has 10 days within which to respond. The Conference Judge has the initial responsibility to review and rule on the Motion, and can decide the Motion with or without argument or hearing, as necessary. Alternatively, the Conference Judge may defer a ruling, and have the Court rule on the Motion before the pre-trial conference. Significantly, if a Conference Judge, upon reviewing the Motion, concludes that some or all of the charges in the Complaint should be dismissed, the decision to dismiss must be reviewed by and voted upon by the full Court. Discovery must be completed within 60 days of the service of the Board's Complaint. The Court's rules set out the discovery permitted. As with rules of criminal procedure, depositions are disfavored, and are permitted only if circumstances warrant. The Conference Judge typically conducts a pre-trial conference, shortly before the anticipated time for trial, at which time the Judge will address matters such as clarification of the issues, amendments to the pleadings, stipulations to facts and documents, discovery disputes, and other issues that may help the orderly conduct of trial. The judicial officer is required to attend the conference, but may waive his appearance if he is represented by counsel and if he submits a written waiver. The Conference Judge is required to enter an order at the conclusion of the conference setting out any agreements, objections or rulings. Rulings made at the pre-trial conference control subsequent proceedings unless modified by the Court or a panel of the Court on the record.
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