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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. The panel shall file its findings and conclusions within 60 days after the case is submitted to the panel unless the Chief Justice, on request of the presider, extends the time for good cause shown. 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 panel finds clear and convincing evidence of misconduct, the panel may:

(1) issue a public reprimand; or

(2) 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 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 panel by filing a notice of appeal with the clerk of the appellate courts within 10 days after the panel serves the disposition on the parties. The appeal shall proceed under Rule 14. 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. If there is no appeal from a dismissal or reprimand, the disposition of the panel becomes final. A party's failure to timely appeal a panel's findings, conclusions, and/or recommendation for discipline constitutes acceptance thereof. A party seeking to challenge a finding of fact or conclusion by the panel shall order a transcript if a transcript has not already been prepared.

(Amended effective January 1, 1996; amended effective March 30, 1999; amended effective July 1, 2009; amended effective July 1, 2016.)

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