Section 28-2011. NOTICE OF A PROCEEDING  


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    2011.1 If, after investigation, the Commission determines that a proceeding is warranted, the Commission, except for good reason, shall notify the judge of its determination.

     

    2011.2 If immediately requested by a judge who has been notified under § 2011.1, the Commission, or a member of the Commission, or a special counsel may, if the circumstances warrant, confer with the judge for the purpose of considering whether the matter may be disposed of without a proceeding.
     

    2011.3 If the matter is disposed of without a proceeding, notice shall be given to the complainant that the matter has been resolved.

     

    2011.4 If notification under § 2011.1 is not given or, if given, if a disposition without a proceeding does not result, the Commission shall issue a written notice to the judge advising him or her of the institution of a proceeding to inquire into the charges.

     

    2011.5 Each proceeding shall be titled as follows:

     

     

    BEFORE THE DISTRICT OF COLUMBIA COMMISSION

              ON JUDICIAL DISABILITIES AND TENURE

     

        Inquiry Concerning A Judge,  No. _____________

     

    2011.6 The notice of proceeding shall specify concisely the charges and the
    alleged basis for the charges, and shall advise the judge of the following rights:

     

    (a) The right to counsel; and

     

    (b) The right to file a written answer to the notice within twenty (20) days after service of the notice.

     

    2011.7 The notice shall be served by personal service upon the judge.

     

    2011.8 If it appears to the Chairperson of the Commission upon affidavit that, after reasonable effort for a period of ten (10) days, personal service could not be made, service may be made upon the judge by mailing the notice by registered or certified mail, addressed to the judge at his or her chambers
    or at his or her last known residence.

     

     

authority

D.C. Court Reform and Criminal Procedure Act of 1970, effective July 29, 1970 (84 Stat. 473, 91 Pub. L. 91-358; D.C. Official Code, § 11-1525(a) (2012 Repl.)) and § 431(d)(3) of the District of Columbia Self Government and Governmental Reorganization Act, effective December 24, 1973 (87 Stat. 774, Pub.L. 93-198).

source

Final Rulemaking published at 24 DCR 9391, 9395 (May 5, 1978); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017).