Section 4 - Formal Proceedings(a) After the investigation has been completed, if the Commission concludes that there is probable cause to believe that a violation of the Code of Judicial Conduct sufficiently serious to warrant a recommendation of discipline has occurred, or that there are grounds for judicial discipline or involuntary retirement under Article V, § 25(C) of the Constitution, a hearing should be instituted. The Commission shall, without delay, specify the allegations and provide a written notice to the judge advising him or her of the institution of adversarial proceedings to determine whether judicial misconduct or disability has occurred and, if so, whether there is cause for further action. The specified allegations of judicial misconduct or disability must be proven by clear and convincing evidence. Such proceedings shall be entitled BEFORE THE JUDICIARY COMMISSION OF LOUISIANA
IN RE: Judge ______________
No. __________'
(b) The notice shall specify in ordinary and concise language the ethical rules contained in the Code of Judicial Conduct or Article V, § 25(C) of the Constitution that were allegedly violated by the judge and the alleged facts upon which such alleged ethical violations are based. The judge shall be required to plead and answer within thirty days from the date of service of a copy of the notice of hearing. All pleadings shall be filed in an original, which shall be verified, and three legible copies when the pleading relates to a matter to be decided by the Commission pursuant to Section 29(c) of this rule, or in an original and one legible copy when the pleading relates to a matter to be decided by the hearing officer pursuant to Section 29(c) of this rule.(c) All exceptions, whether dilatory, declinatory, or peremptory, and the answer, must be filed at one and the same time. If the judge should not appear or plead and answer within the time allowed, the commission may, nevertheless, proceed.(d) If the commission shall be satisfied by investigation that the judge resides out of the state, or has departed from the state, or cannot, after due diligence, be found within the state, or conceals himself to avoid service of citation, the commission shall appoint an attorney at law to represent the judge, against whom all proceedings shall be carried on contradictorily, with the same effect as if the judge had been personally served. The amount of compensation for such service shall be fixed by the commission.(e)Expedited Matters. Inquiries and investigations of allegations involving disabilities, impairments, or possible criminal conduct should, to the extent possible, be handled on an expedited basis consistent with Commission procedures, and the Commission should attempt to resolve the matter or file a recommendation with the Supreme Court within twelve months of receiving the complaint or report concerning the disability, impairment, or possible criminal conduct. Matters involving judges who have been disqualified by this Court from exercising any judicial function pending further proceedings before the Commission or this Court, pursuant to Section 27 of this rule, shall be expedited. To expedite a matter, the Commission or hearing officer may shorten any deadlines or delays provided in any other sections of this rule; may limit or prohibit extensions, continuances, and/or stays; and may require status reports regarding the matter from the parties and/or the hearing officer. If an expedited matter is pending before a hearing officer, the Commission shall issue an order to the hearing officer providing instructions regarding the expediting of the matter.Amended effective 7/1/2016; amended effective 9/4/2019; amended effective 11/19/2021.