§ 8-16-6 - Review of commission's recommendations by supreme court.
SECTION 8-16-6
§ 8-16-6 Review of commission'srecommendations by supreme court. – (a) The supreme court may on its own motion and shall upon petition of a judgewho has been adversely affected by a recommendation of the commission reviewthe record of the commission's proceedings on the law and on the facts and may,for the purposes of the review, permit the introduction of additional evidenceand shall have the power to subpoena witnesses and administer oaths. Thesupreme court may, upon review of a recommendation of censure, suspension,immediate temporary suspension, reprimand, retirement, or removal, affirm,modify, or reject the recommendation of the commission.
(b) A petition to the supreme court to modify or reject therecommendation of the commission for reprimand, censure, suspension, immediatetemporary suspension, removal, or retirement of a judge shall be filed with thechief justice of the supreme court and the chairperson of the commission withintwenty (20) days after the filing of a certified copy of the recommendation ofthe commission. The petition shall be verified, shall specify the groundsrelied upon, and shall be accompanied by a brief. Within twenty (20) days ofthe filing of the petition, the commission may file a respondent's brief withthe chief justice of the supreme court and the petitioner within ten (10) daysafter service of respondent's brief, the petitioner may file a reply brief, ofwhich one copy shall be served on the commission. Petitions and briefs filedpursuant to this section shall be public documents.
(c) The supreme court may hold such hearings as it deemsnecessary when reviewing recommendations of the commission, and where thereview is conducted pursuant to a petition therefor, its decision shall berendered not later than ninety (90) days after the filing of that petition.Hearings before the supreme court pursuant to this section shall be open to thepublic, and the court's decision shall be public and shall be published in thesame manner as other decisions of the supreme court.