C.R.J.D. 16

(a) Summary. The executive director or the Commission shall appoint a member to

serve as the presenter who shall provide a summary of an investigation, including the

allegations, the Judge’s response, and other relevant evidence, to the other members.

(b) Decision. The Commission shall consider the summary of the investigation and by

majority vote of the members participating in person and by conference call, exclusive of

the presenter, dismiss the complaint under Rule 35(a) or take one of, or a combination of

any of, the following measures:

(1) Apply a private disciplinary disposition under subsections (c) through (i) of Rule

33.5;

(2) Initiate disability proceedings under Rule 33.5;

(3) Request a temporary suspension of the Judge under Rule 34; or

(4) Appoint special counsel to review the summary, conduct such further investigation

as may be appropriate, and advise the Commission regarding its options to address the

allegations; and, upon consideration of special counsel’s advice, dismiss the complaint,

adopt a private disciplinary disposition, initiate disability proceedings, request a temporary

suspension of the Judge pending further proceedings, determine that probable cause exists

for the commencement of formal proceedings, or continue the investigation.

(c) Standard of Proof. The standard of proof for a decision under section (b) of this

Rule shall be the preponderance of the evidence.