4.220 Hearing

(1) At the time and place set for hearing, the Commission shall proceed with the hearing whether or not the judge has filed an answer or appears at the hearing. Counsel shall present the case in support of the charges.

(2) The failure of the judge to answer or to appear at the hearing shall not, standing alone, be taken as evidence of the truth of the facts alleged to constitute grounds for suspension, removal or retirement. The failure of the judge to testify in his/her own behalf or to submit to a medical examination requested by the Commission may be considered, unless it appears that such failure was occasioned by circumstances beyond his/her control.

(3) In a hearing before the Commission, not less than 5 members shall be present when the evidence is produced.

Note: Former Rules of Appellate Procedure (RAP) were amended and redesignated as Rules of the Supreme Court (SCR) by Order of the Supreme Court effective January 1, 1978. Prior Rules of the Court of Appeals (RCA) had been redesignated as Rules of Appellate Procedure effective March 12, 1976.