Rule 8 Proof

When someone accuses a judge of misconduct or says the judge is unable to serve because of a disability, the people bringing the case have to prove it. They must show "clear and convincing evidence," which is a high standard of proof. It means more than just showing something is probably true. The evidence has to make the claim highly likely to be true.

The disciplinary counsel, which is the office that brings these charges, carries this burden throughout the case. They cannot simply accuse a judge and expect the judge to prove innocence. Instead, they must present strong proof to back up any claims.

If a judge has already been suspended or moved to inactive status because of incapacity and later wants to return to the bench, the situation flips. In that case, the judge is the one who must prove they are fit to serve again. The judge must meet that same high standard of clear and convincing evidence to show they should be reinstated.