Rule Text
A. At any time, following docketing of a complaint the Commission may dismiss all or part of the allegations therein.
B. At any time after service of a notice of formal proceedings, the Commission may dismiss all or part of the charges therein.
C. If the complaint is a third-party complaint, the complainant shall be notified if the entire complaint is dismissed. If the judge has been served with a notice of investigation or a notice of formal proceedings, the judge shall be notified of the dismissal.
Amendment history: Approved, effective August 31, 1984; as amended, effective September 29, 1989; as amended, effective May 1, 2010; as amended, effective March 1, 2019; as amended, effective December 4, 2023.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
The Commission has the power to drop a complaint against a judge, either in whole or in part, at any point after the complaint is filed. This means that even if a case has moved forward, the Commission can still decide to dismiss some or all of the accusations if it finds there is not enough reason to continue.
The same rule applies after formal proceedings have started. Once the Commission has issued a formal notice laying out charges against a judge, it can still dismiss all or some of those charges later on if that becomes appropriate.
When someone other than the Commission itself filed the original complaint, that person must be told if the whole complaint gets dismissed. Also, if the judge involved had already been notified that they were under investigation or facing formal charges, the judge must be informed once the case is dropped. This keeps both sides aware of where things stand.