When a complaint is received, it is given a docket number and is reviewed by the Commission, usually at its next regularly scheduled meeting. The Commission generally meets six times a year. If complaints received do not on their face involve judicial misconduct or otherwise fall outside the Commission's authority they are dismissed and the complainant is so advised. If the complaints are not dismissed, a copy together with all exhibits, is sent to the judicial officer who is given an opportunity to make an informal response by letter. Such response is for the Commission only and a copy is not provided to the complainant. After receipt of the judicial officer's comments, the matter is again considered at the next meeting. The Commission may then (1) dismiss the complaint; (2) send the matter back to Counsel for further investigation; (3) admonish the judicial officer; or (4) find that more formal discipline is appropriate and request that a Statement of Charges be issued. If a Statement of Charges is issued, a hearing will then be held before the Judicial Hearing Board. At hearing, the judicial officer has a right to defend against the charges and to be represented by a lawyer. Witnesses and documents may be subpoenaed, and the complaining party is usually called to testify under oath. If no violation is found, the Judicial Hearing Board will recommend to the State Supreme Court that the complaint be dismissed. If a violation is found, the Commission may recommend to the State Supreme Court that the judicial officer receive a reprimand, censure, suspension, or removal from office. The State Supreme Court makes the final decision and is not required to follow the recommendation of the Judicial Hearing Board.
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