§ 602.2104

602.2104 Procedure before commission. 1. Charges before the commission shall be in writing but may be simple and informal. The commission shall investigate each charge as indicated by its gravity. If the charge isgroundless, it shall be dismissed by the commission. If the charge appears to be substantiatedbut does not warrant application to the supreme court, the commission may dispose of itinformally by conference with or communication to the judicial officer or employee of thejudicial branch involved. If the charge appears to be substantiated and if proved wouldwarrant application to the supreme court, notice shall be given to the judicial officer anda hearing shall be held before the commission. The commission may employ investigativepersonnel, in addition to the executive secretary, as it deems necessary. The commissionmay also employ or contract for the employment of legal counsel. 2. In case of a hearing before the commission, written notice of the charge and of the time and place of hearing shall be mailed to a judicial officer or an employee of the judicial branchat the person’s residence at least twenty days prior to the time set for hearing.

harge and of the time and place of hearing shall be mailed to a judicial officer or an employee of the judicial branchat the person’s residence at least twenty days prior to the time set for hearing. Hearing shallbe held in the county where the judicial officer or employee of the judicial branch residesunless the commission and the judicial officer or employee of the judicial branch agree toa different location. The judicial officer shall continue to perform judicial duties during thependency of the charge and the employee shall continue to perform the employee’s assignedduties, unless otherwise ordered by the commission. The attorney general shall prosecutethe charge before the commission on behalf of the state. A judicial officer or employee ofthe judicial branch may defend and has the right to participate in person and by counsel,to cross-examine, to be confronted by the witnesses, and to present evidence in accordancewith the rules of civil procedure. A complete record shall be made of the evidence by a courtreporter. In accordance with its findings on the evidence, the commission shall dismiss thecharge or make application to the supreme court to retire, discipline, or remove

e of the evidence by a courtreporter. In accordance with its findings on the evidence, the commission shall dismiss thecharge or make application to the supreme court to retire, discipline, or remove the judicialofficer or to discipline or remove an employee of the judicial branch. 3. The commission has subpoena power, which may be used in conducting investigations and during the hearing process. A person who disobeys the commission’s subpoena or whorefuses to testify or produce documents as required by a commission subpoena may bepunished for contempt in the district court for the county in which the hearing is being heldor the investigation is being conducted. Costs related to investigations and to the appearanceof witnesses subpoenaed by the designated prosecutor shall be paid by the commission.Commission subpoenas may be issued as follows: a. During an investigation, subpoenas shall be issued by the commission, at the request of the person designated to conduct the investigation, to compel the appearance of personsor the production of documents before the person who is designated to conduct theinvestigation.

t the request of the person designated to conduct the investigation, to compel the appearance of personsor the production of documents before the person who is designated to conduct theinvestigation. The person designated to conduct the investigation shall administer the required oath. b. During the hearing process, subpoenas shall be issued by the commission at the request of the designated prosecutor or the judicial officer or employee of the judicial branch. 83 Acts, ch 186, §3104, 10201; 92 Acts, ch 1228, §33; 93 Acts, ch 85, §1, 2; 98 Acts, ch 1047, §55 Sat Dec 23 11:14:40 2023 Iowa Code 2024, Section 602.2104 (19, 0)