V.  Procedure After Finding of Probable Cause

Rule 14.  Filing of formal statement of charges.
If probable cause is found, a formal statement of charges shall be filed. The formal statement of charges is a public document, as are other pleadings, motions, challenges, and supporting affidavits subsequently filed. The formal statement of charges shall be filed with the clerk of the commission.

Rule 15.  Content of formal statement of charges.
The formal statement of charges must contain a clear reference to the specific provisions of statutes, the Nevada Code of Judicial Conduct and the Nevada constitution which are deemed to justify procedures before the commission, together with a clear statement of all acts and omissions which are alleged to warrant action by the commission under those provisions, identifying the dates, times and places to the extent possible that the acts or omissions are alleged to have occurred.

Rule 16.  Service of formal statement of charges.
The respondent shall be served within ten days of filing a copy of the formal statement of charges.

Rule 17.  Respondent's answer.
Within 20 days after service of the formal statement of charges, the respondent shall file with the commission an original and eight legible copies of an answer. The answer must set forth in ordinary and concise language all denials, affirmative defenses and mitigating factors upon which the respondent intends to rely at the hearing. The executive director may, for good cause, extend the time for respondent's answer for a period not to exceed 30 additional days. Failure to answer the formal charges shall constitute an admission that the facts alleged in the formal complaint are true and establish grounds for discipline pursuant to NRS 1.4653.

Rule 18.  Formal hearing.
1. When the answer has been filed, a formal hearing shall be scheduled within 60 days unless waived by both the commission and the respondent. The respondent and all counsel must be notified of the time and place of the hearing and must first be consulted concerning the scheduling thereof to accommodate, where possible, the schedules of the respondent and counsel and those of their witnesses.

2. If the respondent should fail to appear at the hearing, the respondent shall be deemed to have admitted the factual allegations contained in the formal complaint and shall be deemed to have conceded the merits of the complaint. Absent good cause, the commission shall not continue or delay proceedings because of the respondent's failure to appear.

Rule 19.  Discovery.
1. Within 10 days after service of the notice of formal hearing the commission and the respondent shall exchange the following material and information within their possession or control:

(a) The names and addresses of persons who have knowledge of facts relating to the complaint against the respondent;

(b) Any written or recorded statements made by these persons and the substance of any oral statements claimed to have been made by the respondent;

(c) Any reports or statements of experts, made in connection with the particular case, including results of physical or mental examinations; and

(d) Any books, papers, documents, photographs or tangible objects pertaining to the case.

2. The commission's and respondent's obligation under this rule extends to material and information in the possession or control of any persons who, on behalf of the commission or the respondent, have participated in any investigation of the charges.

3. If, subsequent to complying with these discovery provisions, the commission or respondent discovers additional material or information which is subject to disclosure, the additional material or information must be promptly disclosed.

4. True work product of counsel is not subject to discovery.

Rule 20.  Subpoena and inspection.
The respondent and prosecuting counsel are entitled to compel attendance at the formal hearing of witnesses, including the respondent, by subpoena, and to provide for the production of documents, books, accounts and other records. Subpoenas must be issued by the executive director of the commission in the same manner as subpoenas are issued by clerks in the district courts of this state.

Rule 21.  Witnesses.
Witnesses are entitled to appear with counsel, who may represent and advise them on matters affecting their rights.

Rule 22.  Public hearing.
The formal hearing shall be held in public before the commission. All testimony must be under oath. All hearings shall be reported verbatim.

Rule 23.  Presiding officer.
At the commencement of the hearing, the chairman shall designate a member of the commission who is either a judge or a lawyer to preside at the hearing.

Rule 24.  Rules of evidence and due process.
The rules of evidence applicable to civil proceedings apply at the hearing, and the respondent shall be accorded due process of law.

Rule 25.  Burden of proof.
Counsel appointed by the commission to present the evidence against the respondent have the burden of proving, by clear and convincing legal evidence, the facts justifying discipline in conformity with the averments of the formal statement of charges.

Rule 26.  Cross-examination and evidence.
The commission and the respondent are each entitled to present evidence and produce and cross-examine witnesses, subject to the rules of evidence applicable to civil proceedings.

Rule 27.  Order of dismissal.
If the commission determines either that the charges against the respondent have not been proved by clear and convincing evidence, or that discipline is not warranted in light of facts made to appear in mitigation or avoidance, it shall forthwith prepare and file its order publicly dismissing the charges against the respondent. Any sitting member of the commission who does not agree with the order, which has been approved by other commission members, must be allowed 10 days in which to prepare and sign a concurring or dissenting opinion. All orders and opinions shall be concurrently filed.

Rule 28.  Decision to discipline.
1. Within 20 days after reaching a decision that discipline should be imposed, the commission shall prepare and adopt a written statement of the nature of the proceeding, findings of fact, and conclusions of law on the issues presented by the formal statement of charges and the answer thereto, if any. The commission may include in its decision a summary of evidence admitted. When the foregoing have been formulated, any sitting commission member who wishes to dissent or protest shall be allowed 10 days for that purpose. Upon filing, the commission must promptly serve a copy of the foregoing on the respondent.

2. Upon adoption and filing of a decision which orders the censure, removal, retirement or other discipline of a respondent, the commission must file a certified copy of the decision with the clerk of the supreme court.

Rule 29.  Consent orders.
Upon written consent of the respondent, the commission may order the respondent's censure, removal, retirement, or other discipline at any stage of the proceedings following a determination of probable cause and the filing of a formal statement of charges and this order takes effect immediately. A certified copy of the order must be filed with the clerk of the supreme court and a copy of the order must be served on the respondent.