(a) Witnesses. Within twenty days of the filing of a response, disciplinary counsel and the judge shall exchange the names and addresses of all persons known to have knowledge of the relevant facts, designating those persons the parties intend to call at the hearing. A party may withhold such information only with permission of the presiding member of the hearing panel (or his or her designee) or the hearing officer, and only for good cause shown. Review of the withholding request shall be in camera, but the requesting party shall advise the other party of the existence of the request.(b) Other evidence. The parties shall exchange evidence relevant to the charges that is not otherwise confidential. Confidential information may be discoverable only upon good cause shown.(c) Exculpatory evidence. Disciplinary counsel shall provide the judge with exculpatory evidence relevant to the charges that directly negates the allegations. Exculpatory evidence, for the purposes of disciplinary proceedings, is not evidence of otherwise expected judicial conduct.(d) Duty of supplementation. The parties have a continuing duty to supplement information required to be exchanged under this rule.(e) Completion of discovery. After the filing of formal charges, the presiding member of the hearing panel or the hearing officer shall issue a Case Management Order setting forth, among other logistical information, the date of the hearing and the deadline for completion of discovery. Discovery shall conclude forty-five days after the filing of the response to the statement of charges or fifteen days before the hearing, whichever is longer.(f) Failure to disclose. The hearing panel or hearing officer shall preclude any party from calling a witness or presenting evidence at the hearing if the witness or evidence was not disclosed before the conclusion of the discovery period, absent extraordinary circumstances.(g) Resolution of discovery disputes. The presiding member of the hearing panel or the hearing officer shall resolve all discovery disputes. These rulings shall be final, except on review to the supreme court.Ariz. R. Comm. Jud. Cond. 26
Added by Order dated Oct. 11, 2001, effective 1/1/2002. Amended and effective 1/20/2006; 9/2/2014, effective 1/1/2015.