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. If the board or judge appeals the disposition of the hearing panel, the Court shall consider the recommended disposition under Rule 11(b)(3) or Rule 16(f)(1)(ii) at the same time as any appeal regarding those recommendations.
The board shall, and the judge may, file briefs with the Court in accordance with the requirements of Minn. R. Civ. App. P. 128. Any party seeking to challenge a finding of fact by the panel shall order a transcript.
(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 hearing 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.
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.
When the hearing panel recommends the Supreme Court impose sanctions under Rule 11(b)(3), the Court shall review the record of the proceedings, giving deference to the facts, 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.
When the hearing panel recommends the removal of a judge, the Court shall promptly notify the judge and the Lawyers Professional Responsibility Board and give them an opportunity to be heard in the Court on the issue of lawyer discipline.
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.
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.)