Rule 13 Hearing Procedures
Rule Text
a. With or Without Answer
The hearing may proceed at the time and place set for the hearing, whether or not the judge has filed an answer or appears at the hearing. Counsel for the Commission shall present the case in support of the charges in the notice of formal proceedings.
b. Record of Hearing
The proceedings at the hearing shall be reported verbatim.
c. Number of Commission Members at Hearing
When the hearing is before the Commission, not less than six members of the Commission shall be present at the hearing, including at least one judge, one lawyer, and one public member.
d. Evidence
Irrelevant, immaterial or unduly repetitious evidence shall be excluded. Evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs shall be admissible. Privileges afforded by Oregon law shall be recognized. Objections to evidence may be made and shall be noted in the record. All oral evidence shall be taken only on oath or affirmation.
e. Procedural Rights of Judge
At the hearing, a judge shall have the right and reasonable opportunity to defend against the charges by the introduction of evidence, to be represented by counsel, and to examine and cross-examine witnesses.
f. Transcript of Testimony
When a transcript of the testimony has been prepared at the expense of the Commission, a copy thereof shall be furnished without cost to the judge. The judge shall have the right, without any order or approval, to have all or any portion of the testimony in the proceedings transcribed at the judge’s expense.