MINNESOTA COURT RULES

PROFESSIONAL RULES

Rules of Board on Judicial Standards

Rule 14.Supreme Court Review

(a)Prompt Consideration.

Upon the filing of a recommendation for discipline or disability retirement, the Court shall promptly docket the matter for expedited consideration, but not sooner than the end of the time allowed for appeal of the panel's disposition by the board or judge.

(b)Briefs.

Briefs shall be filed with the Court in accordance with Minn. R. Civ. App. P. 128 and 130-132 except as modified in this rule. Unless the Court otherwise orders,

(1) If one party has appealed, the appellant shall file a brief within 21 days after filing the notice of appeal, the respondent shall file a brief within 21 days after service of appellant's brief, and the appellant may file a reply within 10 days after service of respondent's brief.

(2) If both parties have appealed, the appellant shall file a brief within 21 days after filing the notice of appeal, the respondent/cross-appellant shall file a brief within 21 days after service of appellant's brief, the appellant shall file a response and reply brief within 14 days after service of respondent's brief, and the respondent may file a reply within 10 days after service of the appellant's response and reply brief.

(3) If neither party has appealed, the board shall, and the judge may, file a brief not exceeding seven pages within 14 days after the time to appeal has expired, and no reply briefs shall be filed; and

(4) A brief may be stapled rather than formally bound.

(c)Additional Findings and Filings; Supplemental Record.

(1) If the Court desires an expansion of the record or additional findings with respect either to the recommendation for discipline or to the sanction to be imposed, it shall remand the matter to the panel with appropriate directions, retaining jurisdiction, and shall stay proceedings pending receipt of the panel's filing of the additional record.

(2) The Court may order additional filings or oral argument as to specified issues or the entire matter.

(3) The Court without remand and prior to the imposition of discipline may accept or solicit supplementary filings with respect to medical or other information, provided that the parties have notice and an opportunity to be heard.

(d)Delay for Further Proceedings.

The Court, on receipt of notice of an additional proceeding before the board involving the same judge, may stay proceedings pending the board's termination of this additional proceeding. In the event that additional recommendations for discipline of the judge are filed, the Court may impose a single sanction covering all recommendations.

(e)Decision.

When the panel recommends the Supreme Court impose sanctions under Rule 11(b)(2), the Court shall review the record of the proceedings, giving deference to the panel's findings of fact, and shall file a written opinion and judgment directing such discipline or other action as it concludes is just and proper. If the judge or board has filed an appeal under Rule 11(d), the Court may accept the recommendation of the panel, or reject or modify it in whole or in part.

(f)Consideration of Lawyer Discipline.

When the panel recommends the suspension or removal of a judge, the Court shall promptly notify the judge and the Office of Lawyers Professional Responsibility and give them an opportunity to be heard in the Court on the issue of lawyer discipline.

(g)Charge Against Supreme Court Justice.

When any Formal Complaint or Formal Statement of Disability Proceeding has been filed against a member of the Supreme Court, the review under Rule 14 shall be submitted to and heard by a panel consisting of the Chief Judge of the Court of Appeals or designee and six others chosen at random from among the judges of the Court of Appeals by the Chief Judge or designee.

(h)Petition for Rehearing.

In its decision, the Court may direct that no petition for rehearing will be entertained, in which event its decision shall be final upon filing. If the Court does not so direct, the respondent may file a petition for rehearing in accordance with the requirements of Minn. R. Civ. App. P. 140.

(Amended effective January 1, 1996; amended effective July 1, 2009; amended effective July 1, 2016.)