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2014 California Rules of Court

Rule 9.60. Review of determinations by the Commission on Judicial Performance

(a) Time for petition for review to Supreme Court

A petition to the Supreme Court by a judge or former judge to review a determination by the Commission on Judicial Performance to retire, remove, censure, admonish, or disqualify the judge or former judge must be served and filed within 60 days after:

(1)The Commission, under its rules, notifies the judge or former judge that its determination has been filed or entered in its records; or

(2)The determination becomes final as to the Commission under its rules, whichever event is later.

(Subd (a) amended effective January 1, 2007.)

(b) Time for answer to petition for review and reply

Within 45 days after service of the petition, the Commission may serve and file an answer. Within 20 days after service of the answer, the judge or former judge may serve and file a reply. Each petition, answer, or reply submitted for filing must be accompanied by proof of service, including service on the Commission of three copies of any petition or reply filed by a judge or former judge. Extensions of time to file the petition, answer, or reply are disfavored and will be granted only upon a specific and affirmative showing of good cause. Good cause does not include ordinary press of business.

(Subd (b) lettered effective January 1, 2007; adopted as part of subd (a) effective December 1, 1996.)

(c) Contents and form

The petition, answer, and reply must address both the appropriateness of review and the merits of the Commission's determination, and they will serve as briefs on the merits in the event review is granted. Except as provided in these rules, the form of the petition, answer, and reply must, insofar as practicable, conform to rule 8.504 except that the lengths of the petition, answer, and reply must conform to the limits specified in rule 8.204(c). Each copy of the petition must contain:

(1)A copy of the Commission's determination;

(2)A copy of the notice of filing or entry of the determination in the records of the Commission;

(3)A copy of any findings of fact and conclusions of law; and

(4)A cover that bears the conspicuous notation "PETITION FOR REVIEW OF DETERMINATION BY COMMISSION ON JUDICIAL PERFORMANCE (RULE 9.60)" or words of like effect.

(Subd (c) amended and relettered effective January 1, 2007; adopted as subd (b) effective December 1, 1996.)

(d) Transmission of the record

Promptly upon the service and filing of the petition, the Commission must transmit to the Clerk of the Supreme Court the original record, including a transcript of the testimony, briefs, and all original papers and exhibits on file in the proceeding.

(Subd (d) amended and relettered effective January 1, 2007; adopted as subd (c) effective December 1, 1996.)

(e) Applicable rules on review

In the event review is granted, the rules adopted by the Judicial Council governing appeals from the superior court in civil cases, other than rule 8.272 relating to costs, apply to proceedings in the Supreme Court for review of a determination of the Commission except where express provision is made to the contrary or where such application would otherwise be clearly impracticable or inappropriate.

(Subd (e) amended and relettered effective January 1, 2007; adopted as subd (d) effective December 1, 1996.)

Rule 9.60 amended and renumbered effective January 1, 2007; adopted as rule 935 effective December 1, 1996.

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