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Comm. R. XV Notice to Judge That the Commission Will Recommend Discipline or File a Notice of Hearing; Notice to the Press.

Rules of the Judiciary Commission

As soon as practicable after the Commission votes to submit to the Louisiana Supreme Court a recommendation of judicial discipline and has approved related written findings of fact and conclusions of law, Commission Counsel shall prepare the record of the Commission for filing with the Louisiana Supreme Court. Thereafter, the judge shall receive at least seventy-two (72) hours’ prior notice, exclusive of weekends and official holidays, of the anticipated filing. Such notice of imminent filing shall be transmitted to the judge by facsimile or other electronic means of communication, if possible, and otherwise in writing in a manner that will assure his or her receipt. A similar notice shall be sent to a judge providing at least seventy-two (72) hours’ prior notice, exclusive of weekends and official holidays, of the Commission’s anticipated filing of a Notice of Hearing against the judge. In the discretion of the Chief Executive Officer, a press release may be prepared regarding a formal proceeding that is public pursuant to Supreme Court Rule XXIII, Section 23(a)(1). If a press release will issue, it shall be sent to the Associated Press, United Press International, and all other applicable state and local news services at the same time. No member of the Commission or the Commission’s staff shall communicate to the press the fact of a formal proceeding, and only the person or persons designated by the Commission to have media contact shall respond to any questions from the press with respect to the formal proceeding. Notwithstanding the foregoing, where the judge who has been the subject of a formal proceeding sits on a bench where there is more than one judge, the Chief Executive Officer may, in his or her discretion, contact the chief judge of the relevant court (or the second in seniority if the chief judge is the respondent judge) no earlier than 48 hours, exclusive of holidays and weekends, prior to the date that the formal proceeding will become public pursuant to Supreme Court Rule XXIII, Section 23(a)(1), and disclose the fact of the formal proceeding in order to prepare the court for the possibility of media attention.

Amendment history: [Amended effective June 26, 2020]