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MINNESOTA COURT RULES

PROFESSIONAL RULES

Rules of Board on Judicial Standards

Rule 11.Findings, Disposition, and Appeal

(a)Findings.

The hearing panel shall make findings of fact and conclusions of law as to whether there is clear and convincing evidence that the judge committed misconduct under the grounds for discipline in Rule 4. If the panel finds there is not clear and convincing evidence, the panel shall dismiss the case. If the panel finds there is clear and convincing evidence, the panel shall impose or recommend sanctions under Rule 11(b).

(b)Disposition.

If the hearing panel finds clear and convincing evidence of misconduct, the panel may:

(1) enter into a deferred disposition agreement for a specified period of time upon reasonable conditions, and the agreement may specify the disposition upon completion;

(2) issue a public reprimand; or

(3) recommend any of the following sanctions to the Supreme Court:

(i) Removal;

(ii) Retirement;

(iii) Imposing discipline as an attorney;

(iv) Imposing limitations or conditions on the performance of judicial duties;

(v) Censure;

(vi) Imposing a civil penalty;

(vii) Suspension with or without pay; or

(viii) Any combination of the above sanctions.

(c)Filing and Service.

The hearing panel must file its findings of fact, conclusions of law, and disposition with the Supreme Court within 7 days after issuance of the disposition. The panel shall serve copies on the board and respondent judge. Proof of service shall also be filed with the Supreme Court.

(d)Appeal.

The board or judge may appeal the disposition of the hearing panel. The appeal shall proceed under Rule 14. The disposition of the panel becomes final if no appeal is taken within 60 days after issuance of the disposition. If the panel determines it is appropriate to issue a public reprimand, the reprimand shall be stayed until the time for appeal has run or any appeal is completed.

(Amended effective January 1, 1996; amended effective March 30, 1999; amended effective July 1, 2009.)

Advisory Committee Comment - 1999 Amendment

Rule 11(d)(5) has been modified by deleting reprimand from the list of sanctions that may be issued after a formal hearing. Under Rule 6(d)(1)(ii), a reprimand may be issued by the board without resort to formal proceedings in situations involving conduct that is unacceptable under one of the grounds for judicial discipline but not so serious as to warrant further discipline, such as a censure, by the Supreme Court.

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