Mont. Jud. Standards Comm'n R. 14

(a) The formal complaint shall be styled substantially as provided on the attached “Form B”

and shall state the name(s) of the complainant(s), the nature of the alleged grounds for

discipline, the time of actions giving rise to alleged wrongdoing and a brief s ummary of

the facts upon which allegations of misconduct are based.

(b) A notice of the filing of the formal complaint together with a copy of said complaint shall

be served on the judge. The notice shall advise the judge of the name, address and

telephone number of the prosecutor appointed by the Commission and of the right to file a

written response with the Clerk of the Supreme Court within fifteen (15) days after the

complaint has been served upon the judge.

(c) Service of the notice and copy of the formal complaint shall be made on the judge by

personal service as provided in Rule 4(D)(2), (3), M.R.Civ.P. Service of the notice and

copy of the complaint may be acknowledged by the judge or the judge’s attorney. Service

and filing of orders, pleadings, and other papers shall be made as provided in Rule 5,

M.R.Civ.P.

(d) The Judge may file a written response to the allegations of the formal complaint, within

fifteen (15) days after service. Thereafter, the Commission may set a hearing on the

complaint. The hearing shall be set no sooner than thirty (30) days after the time for filing

a response has expired or after a response is filed. The hearing shall be set as promptly as

possible considering the particular circumstances of the matter.

(e) The Chairperson shall appoint a member of the Commission, who may be the Chairperson,

to hear and determine preliminary matters prior to hearing, set dates, make necessary

rulings, make discovery orders, order subpoenas issued, and make such orders as are

necessary to assure the hearing is conducted promptly and that both the complainant and

the responding judge have opportunity to fully and fairly prepare for the hearing. The

orders of the member selected shall have the same force as an order of the C ommission

unless quashed by a majority of the members thereof.

(f) The responding judge shall, upon request, be provided access to the information upon which

the formal complaint is based, including the grievance, statements of the complainant,

witnesses, and other physical and documentary evidence. The responding judge shall, upon

request, be provided with the names and last known address of witnesses that shall be called

to testify at the hearing together with copies of all evidence the prosecutor intends to

introduce at the hearing. The judge shall, upon request, provide the prosecutor with the

names and addresses of the witnesses the judge intends to call to testify at the hearing,

together with copies of all documentary evidence intended to be introduced by the judge at

the hearing. Except as specifically stated in these rules, discovery procedures contained in

the Montana Rules of Civil Procedure and Montana Code of Criminal Procedure do not

apply to proceedings before the Commission. Depositions may be taken only upon order

of the Commission upon application showing the necessity therefor e. Other discovery

procedures such as interrogatories, requests for admissions, or requests for production may

be undertaken only upon order of the Commission after application and a showing of the

necessity therefor.

(g) Upon written request, the Commission may direct the Clerk of the Supreme Court to issue

subpoenas that may be served as provided in Rule 45, M.R.Civ.P., except the clerk shall

not be required to issue any subpoena except upon direct order of the Commission.

Payment of witness fees and mileage shall be as provided for witnesses in a district court

proceeding.