MINNESOTA COURT RULES

PROFESSIONAL RULES

Rules of Board on Judicial Standards

Rule 6Z.Procedure for Conduct Occurring Prior to Assumption of Judicial Office

(a)Complaint; Notice.

If either the executive secretary or the Office of Lawyers Professional Responsibility initiates an inquiry or investigation, or receives a complaint, concerning the conduct of a judge occurring prior to assumption of judicial office, it shall so notify the other. Notice is not required if all proceedings relating to the inquiry, investigation or complaint have been resolved before the judge assumes judicial office.

(b)Investigation.

Complaints of a judge's unprofessional conduct occurring prior to the judge assuming judicial office shall be investigated by the Office of Lawyers Professional Responsibility and processed pursuant to the Rules on Lawyers Professional Responsibility. The Board on Judicial Standards may suspend a related inquiry pending the outcome of the investigation and/or proceedings.

(c)Authority of Board on Judicial Standards to Proceed Directly to Public Charges.

If probable cause has been determined under Rule 9(j)(ii) of the Rules on Lawyers Professional Responsibility or proceedings before a referee or the Supreme Court have been commenced under those rules, the Board on Judicial Standards may, after finding reasonable cause under Rule 6 of the Rules of the Board on Judicial Standards, proceed directly to the issuance of a Formal Complaint under Rule 8 of those rules.

(d)Record of Lawyer Discipline Admissible in Judicial Disciplinary Proceeding.

If there is a hearing under Rule 9 or Rule 14 of the Rules on Lawyers Professional Responsibility, the record of the hearing, including the transcript, and the findings and conclusions of the panel, referee, and/or the Supreme Court shall be admissible in any hearing convened under Rule 10 of the Rules of the Board on Judicial Standards. Counsel for the judge and the board may be permitted to introduce additional evidence, relevant to alleged violations of the Code of Judicial Conduct, at the hearing under Rule 10.

(Added effective March 30, 1999; amended effective July 1, 2009.)