Rule 2:15-12 - Institution of Formal Proceedings Before the Committee(a) Whenever the Committee concludes from its preliminary investigation that probable cause exists for the imposition of public discipline, the Committee shall issue a formal complaint and shall serve it on the judge.(b) The formal complaint shall issue over the signature of the Disciplinary Counsel or other such attorney as the Committee may designate and shall give notice to the judge of the specific nature of the charges and of such facts as are then known to the Committee on which the charges are based. The complaint shall set forth sufficient facts to constitute fair notice of the nature of the alleged misconduct, specifying the ethical rules that were violated.(c) Within twenty days of service of the formal complaint on the judge, the judge shall file an original and one copy of a written, verified answer to the charges, designated as such in the caption, with the Committee at its principal office. For good cause, the Committee may extend the time within which the judge may file an answer. The answer shall set forth (1) a candid and complete disclosure of all facts reasonably within the scope of the formal complaint; (2) all affirmative defenses, including any claim of mental or physical disability and whether it is alleged to be causally related to the offenses charged; (3) any mitigating circumstances; and (4) any constitutional challenges to the proceedings. All constitutional questions shall be held for consideration by the Court as part of its review of the Committee's decision. A judge is required to file an answer even if the judge does not wish to contest the complaint.(d) Service on the judge of any pleading shall be made by personal service, or by certified mail (return receipt requested) and regular mail, or by overnight mail or electronic transmission with confirmation of successful delivery to their chambers, and with regard to part-time Municipal Court judges, to their chambers and law office address listed in the New Jersey Lawyer's Diary. Service on a judge may also be made by serving the judge's attorney, if any, by certified mail (return receipt requested) or by facsimile or overnight mail or electronic transmission with confirmation of successful delivery.(e) After receiving the judge's answer or after the expiration of the time within which an answer is due, the Committee shall schedule a formal hearing and shall immediately notify the judge of the time and place at which the hearing will be held.Adopted July 23, 1974, effective immediately; amended July 22, 1983 to be effective 9/12/1983; amended July 13, 1994 to be effective 9/1/1994; caption amended, text of former Rule 2:15-12 amended and incorporated into paragraphs (a) and (b) of Rule 2:15-15, and new paragraphs (a), (b), (c) and (d) adopted February 3, 1997 to be effective 3/1/1997; paragraphs (b) and (c) amended, new paragraph (d) adopted, former paragraph (d) redesignated as paragraph (e) December 2, 2019 to be effective immediately.