SDCL tit. 16, ch. 1A, app TO CHAPTER 16-1A, III, 13

Current through the 2024 Legislative Session

Conduct of Hearing

Should the commission find the complaint to have merit after the investigation is completed, the commission shall afford the judge complained against a reasonable opportunity to state the judge's position with respect to the allegations against the judge. This hearing shall take the form of an informal conference between the commission and the judge complained against or in the alternative, if required by said commission, a formal hearing noticed and conducted in the following manner, to-wit:

(1) Notice to the judge complained against shall be given by a member of the commission or by commission counsel in writing, by certified mail return receipt requested, stating the time, place and date of said hearing when and where said complaint will be considered, requiring the attendance of said judge and advising the judge that he/she may attend with Counsel. Said notice shall be given at least ten days prior to said hearing and have enclosed therewith a copy of these Rules.

(2) A verbatim transcript shall be kept of all formal hearings.

(a) The Presiding Commissioner shall conduct the hearing.

(b) After advising the accused judge of the right to be heard, to offer witnesses, to be represented by counsel and to have a record kept, the hearing shall be conducted as follows:

FIRST--Commission counsel shall be allowed to make an opening statement.

SECOND--The accused judge, after being sworn, or judge's counsel, shall be permitted to make an opening statement.

THIRD--Witnesses, including the accused judge, called by commission counsel shall testify after being sworn. Witnesses will be questioned first by commission counsel, then by the accused judge or his/her counsel and thereafter by the commissioners.

FOURTH--Witnesses called by the accused judge after being sworn will then be examined. They will be examined first by the accused judge or his counsel, then commission counsel, and the commissioners.

FIFTH--Rebuttal and surrebuttal witnesses' testimony may then be taken under oath and subject to examination and cross-examination by commission counsel, the judge or his/her counsel and then the commissioners.

SIXTH--Closing statements by commission counsel, accused judge or judge's counsel and rebuttal by commission counsel with time limits set by Presiding Commissioner.

SEVENTH--Commission discussion off the record and out of hearing of the accused judge.

SDCL tit. 16, ch. 1A, app TO CHAPTER 16-1A, III, 13