Comm. R. XVI Hearing Officers.
Rules of the Judiciary Commission
Rule Text
A. The Commission authorizes the hearing officer and the attorney designated as legal counsel to the hearing officer to exercise the Commission’s authority under La. R.S. 13:36 to subpoena witnesses, compel their attendance, examine them under oath or affirmation, and require the production of books, records, documents or other evidence deemed relevant or material to an investigation or hearing.
B. When a hearing officer is selected in a case, the following provisions shall be applicable:
(1) except as otherwise noted therein, the functions of the case manager set forth in JCL Rule VII shall be performed by the hearing officer;
(2) all references in JCL Rule VIII to the Chair, the presiding member or any other decision maker shall apply to the hearing officer; and
(3) the authority granted to the Commission in JCL Rule VIII G shall apply to the hearing officer;
C. Notwithstanding the provisions of JCL Rule VIII F, following a hearing before a hearing officer, the Commission shall accept the filings permitted by La. Sup. Ct. Rule XXIII, Sec. 29(d).
D. Hearing officers are bound by JCL Rules X (Confidentiality and Media Communications), XII (Recusal or Disqualification), and XIV (Members and Former Members; Disposition of Files) to the same extent as are members of the Commission.
E. To the extent that this JCL Rule XVI at any time conflicts with La. Sup. Ct. Rule XXIII, La. Sup. Ct. Rule XXIII shall be controlling.