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Wyo. R. Comm'n Jud. Conduct & Ethics 7

Powers and Duties of Investigatory Panel

activein force · 2020-04-01 – presentact-effective-date

(a) The investigatory panel shall review complaints received by the Commission concerning allegations of judicial misconduct, criminal misconduct,

civil misconduct, or disability to determine whether an investigation is

warranted. All complaints shall be in writing and verified, and addressed to

the Commission.

(b) In the absence of a written complaint, the investigatory panel may

commence investigations on its own motion when it becomes aware of

information from any source that is deemed reasonably reliable on matters

concerning alleged disability, judicial misconduct, criminal misconduct, or civil

misconduct falling within the jurisdiction of the Commission.

(c) The investigatory panel may appoint disciplinary counsel to assist in an

investigation. In making an investigation, the investigatory panel or disciplinary counsel may obtain and consider any information deemed pertinent to the

allegations. If an investigation indicates the physical or mental health of the

judge is in issue, the investigatory panel may require that the judge submit to

physical and/or mental examinations by independent examiners. The results of

the examination shall be transmitted to the judge and the presiding officer for

consideration by the panel. Service of the results of examination shall be in

accordance with these rules. The failure of the judge to testify or to submit to

an examination ordered by a panel may be considered, unless it appears that

such failure was due to circumstances beyond the judge’s control.

(d) When a judge is ordered to submit to an examination, such notice or

order shall be given by certified mail addressed to the judge at the address

provided by the judge for such purposes. If the investigatory panel or

disciplinary counsel are informed that the judge is represented by counsel

notice of any investigation or examination shall be served on counsel for the

judge.

(e) The investigatory panel may issue subpoenas.

(f) If the investigation does not disclose sufficient cause to warrant further

proceedings, the case shall be dismissed. In such event, the complainant shall

be notified that the case is closed.

(g) If after investigation, the investigatory panel finds reasonable cause to

support a finding that the judge engaged in judicial misconduct, criminal

misconduct, civil misconduct, or that the judge has a disability, and before

referral to an adjudicatory panel, the investigatory panel may issue a letter of

correction, enter a deferred disciplinary agreement, issue a stipulated private

censure, or formal proceedings may be instituted and the matter will be

referred to the adjudicatory panel.

(h) After referral to the adjudicatory panel, the investigatory panel may

recommend a negotiated settlement, including the judge’s voluntary retirement in lieu of discipline, to the full Commission, exclusive of members of the

adjudicatory panel and members who have recused. In the event the full

Commission rejects a settlement proposal the matter shall proceed to final

adjudication as provided in these rules. A judge who proposes or agrees to a

settlement proposal waives any complaint that consideration of settlement

compromises the Commission or any of its members in any further proceedings.

(i) The investigatory panel shall maintain records and files in accordance

with these rules and transmit the Notice of Commencement of Proceedings to

the adjudicatory panel for formal proceedings as appropriate.

History

History: Amended November 6, 2012, effective January 1, 2013; amended January 8, 2014, effective April 1, 2014; amended January 24, 2020, effective April 1, 2020.

Provenance

Source
wyocourts.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
3d84a7b2b24f0892b43e314013410d7c44cdbb12028a1640faddf43a2846a9e3
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