RULE 17. INTERIM SUSPENSION

(a) Criminal Prosecution or Conviction for a Serious Crime. Without the necessity of Commission action, the Supreme Court may place a judge on interim suspension upon notice of the filing of an indictment, information, or complaint charging the judge with a serious crime, and shall immediately place a judge on interim suspension on receipt of a certified copy of a judgment of conviction or other competent evidence showing that the judge has been convicted of a serious crime. The fact that sentencing may be delayed or an appeal may be taken shall not prevent the Supreme Court from imposing an interim suspension.

(b) Other Misconduct. Upon receipt of sufficient evidence demonstrating that a judge poses a substantial threat of serious harm to the public or to the administration of justice, the Supreme Court may place the judge on interim suspension pending a final determination in any proceeding under these rules.

(c) Failure to Respond to Notice of Investigation, Subpoena, or Notice of Appearance. Upon receipt of sufficient evidence demonstrating that a judge has failed to fully respond to a notice of investigation, has failed to fully comply with a proper subpoena issued in connection with an investigation or formal charges, has failed to appear at and fully respond to inquiries at an appearance required pursuant to Rule 19(c)(3), or has failed to respond to inquiries or directives of the Commission or the Supreme Court, including failing to appear at a hearing in formal proceedings pursuant to Rule 24(b), the Supreme Court may place that judge on interim suspension.

(d) Return to Petition. Upon request of the judge, the Supreme Court may grant the judge leave to file a return to a petition filed under this rule prior to issuing an order of interim suspension. The request must be filed with the Supreme Court and the Commission and served on disciplinary counsel.

(e) Motion for Reconsideration. A judge placed on interim suspension may apply to the Supreme Court for reconsideration of the order. A copy of the motion shall be filed with the Commission and served on disciplinary counsel. Any additional filings by the judge or disciplinary counsel shall be made only upon request by the Supreme Court.

(f) Order to be Public. The order of interim suspension shall be public.

Last amended by Order dated February 14, 2024.