Rule 10 Investigation
Rule Text
(a) Appointing Investigator.
(1) Committee Action. If the Committee votes to initiate an investigation, the Committee Chairperson designates a person to investigate the allegation.
(2) Judicial Action. If the Committee notifies the Chief Justice pursuant to Rule 7(e)(2) that there is a lack of quorum, the Chief Justice has 45 days from that notification to: (1) determine whether to appoint an investigator for the complaint and (2) if necessary, appoint an investigator. Alternatively, if no further investigation is necessary, the Chief Justice may appoint prosecuting counsel. The matter is closed if, within 45 days of the Committee’s notice, the Chief Justice does not appoint an investigator or prosecuting counsel.
(b) Report. The investigator is required to file a report about his investigation.
(1) Submission. If the investigator was appointed under Rule 10(a)(1), the report is submitted to the Committee. But if the investigator was appointed under Rule 10(a)(2), the report is submitted to the Chief Justice.
(2) Contents. The report must address the merits of the allegation and recommend whether to take further action. The report must include copies of the witnesses’ statements, documentary evidence related to the allegation, and a summary of the investigation’s findings.
(3) Response. The report cannot be submitted until the respondent has had a reasonable opportunity to provide the investigator any evidence relevant to the allegation. This evidence, if any, must be attached to the report. The investigator must note in the report if the respondent was given an opportunity to respond to the request for information but declined to do so or failed to respond within 45 days of the request. For good cause, the time to respond may be extended by whoever appointed the investigator.
(4) Timeline. The investigator must submit the report within 90 days. For good cause, the deadline may be extended by whoever appointed the investigator.
(c) Deliberations and Recommendations.
(1) Committee. Within a reasonable time after receiving the investigator’s report, the Committee must vote on whether to recommend appointing prosecuting counsel. The Committee Chairperson must submit a letter to the Chief Justice that conveys the Committee’s recommendation and includes the investigator’s report. Disclosure of the report to the court does not make the report discoverable.
(A) No Further Action Recommended. If the Committee recommends against appointing prosecuting counsel, the matter is closed unless the Chief Justice, within 20 days of receiving the Committee’s recommendation, requests the matter be forwarded to his or her office for further review. After the Chief Justice requests the matter, the matter becomes subject to Rule 10(c)(2).
(B) Further Action Recommended. If the Committee recommends further action, the Chief Justice must appoint prosecuting counsel.
(2) Chief Justice. When the Chief Justice acts pursuant to his or her power in Rule 10(a)(2) or has requested the matter pursuant to Rule 10(c)(1)(A), the Chief Justice reviews the investigator’s report. Within 45 days of receiving the report from the investigator or the Committee, the Chief Justice must: (1) determine whether the report warrants appointing prosecuting counsel and (2) if warranted, appoint prosecuting counsel. The matter is closed if, within 45 days of receiving the report, the Chief Justice fails to act or concludes no further action is necessary.