Rule 12 Noncompliance and Compliance Disputes
Rule Text
(A) Notification. A judicial officer who fails to comply in whole or in part with these rules will be notified in writing of the nature of the noncompliance and will be given 180 days from the date of the notice to remedy the noncompliance.
(B) Evidence of Compliance or Hearing Request. Within 30 days after the date of the notice of noncompliance, the judicial officer shall either submit evidence of compliance or request an appeal hearing in writing. Unless good cause is shown, a hearing request submitted after 30 days from the date of the notice of noncompliance will be denied.
(C) Notice of Appeal Hearing. If the judicial officer timely requests a hearing under this rule, the Board will schedule a hearing no sooner than 10 days after written notice of the hearing to the judicial officer. The notice of hearing must state the date, time, and location of the hearing, and it must be sent to the judicial officer in accordance with Mich CJE R 3.6 and the State Court Administrator, or his or her designee.
(D) Appeal Hearing. The State Court Administrator, or his or her designee, is required to attend this hearing.
(E) Board’s Decision. Upon considering the evidence presented at the appeal hearing, the Board will issue a written decision within 42 days of the hearing unless extended by the Board for good cause. The Board may determine that the judicial officer:
(1) had reasonable cause for noncompliance,
(2) did not have reasonable cause for noncompliance, or
(3) has achieved compliance. The Board’s decision must state the reasons for its decision, and it must be delivered to the judicial officer in the same manner as the notice under subrule (C).
(F) Reasonable Cause for Noncompliance. If the Board finds that the judicial officer had reasonable cause for noncompliance, the judicial officer shall have 180 days from the date of notice of the Board’s decision to correct the noncompliance. If compliance is not achieved within the 180-day period, the Board will proceed as provided in subrule (G).
(G) Report to Judicial Tenure Commission and State Court Administrator. If the Board determines that a judicial officer did not have reasonable cause for noncompliance, or a judicial officer who was found to have reasonable cause for noncompliance fails to remedy it within 180 days after the date of the Board’s decision, the Board will report that fact to the Judicial Tenure Commission and the State Court Administrator for their consideration.