In order to recommend the imposition of discipline on any judge, the allegations of the formal charge must be proved by clear and convincing evidence.
West Virginia > Rules Governing Lawyers and Judges > West Virginia Rules of Judicial Disciplinary Procedure > RULE 4.5. STANDARD OF PROOF.
RULE 4.5. STANDARD OF PROOF.
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- West Virginia Rules of Judicial Disciplinary Procedure
- RULE 1. JUDICIAL INVESTIGATION COMMISSION.
- RULE 1.1. MEMBERSHIP.
- RULE 1.10 DISQUALIFICATION.
- RULE 1.11. AUTHORITY.
- RULE 1.2. TERMS.
- RULE 1.3. APPOINTMENT.
- RULE 1.4. ELIGIBILITY.
- RULE 1.5. VACANCIES.
- RULE 1.6. REAPPOINTMENT.
- RULE 1.7. ELECTION OF OFFICERS.
- RULE 1.8. QUORUM.
- RULE 1.9. COMPENSATION AND EXPSENSES.
- RULE 2. JUDICIAL DISCIPLINARY COMPLAINTS.
- RULE 2.1. FORM OF COMPLAINTS.
- RULE 2.10. RESPONSE TO FORMAL CHARGES.
- RULE 2.11. FAILURE TO FILE RESPONSE.
- RULE 2.12. LIMITATION OF COMPLAINTS.
- RULE 2.13. ADVISORY OPINIONS.
- RULE 2.14. EXTRAORDINARY PROCEEDINGS.
- RULE 2.2. INVESTIGATION OF COMPLAINTS.
- RULE 2.3. RESPONSE TO COMPLAINTS.
- RULE 2.4. CONFIDENTIALITY.
- RULE 2.5. PRIVILEGE AND IMMUNITY.
- RULE 2.6. REPORT ON COMPLAINTS.
- RULE 2.7. REVIEW OF COMPLAINTS.
- RULE 2.8. FILING OF FORMAL CHARGES.
- RULE 2.9. SERVICE OF FORMAL CHARGES.
- RULE 3. JUDICIAL HEARING BOARD.
- RULE 3.1. MEMBERSHIP.
- RULE 3.10. DISQUALIFICATION.
- RULE 3.11. AUTHORITY.
- RULE 3.12. EXCLUSIVE JURISDICTION.
- RULE 3.2. TERMS.
- RULE 3.3. APPOINTMENT.
- RULE 3.4. ELIGIBILITY.
- RULE 3.5. VACANCIES.
- RULE 3.6. REAPPOINTMENT.
- RULE 3.7. ELECTION OF OFFICERS.
- RULE 3.8. QUORUM.
- RULE 3.9. COMPENSATION AND EXPENSES.
- RULE 4. HEARINGS ON FORMAL CHARGES.
- RULE 4.1. TIME AND PLACE OF HEARING.
- RULE 4.10. CONSENT TO RECOMMENDED DISPOSITION.
- RULE 4.11. OBJECTION TO RECOMMENDED DISPOSITION.
- RULE 4.12. PERMISSIBLE SANCTIONS.
- RULE 4.13. ATTORNEY FEES UPON DISMISSAL.
- RULE 4.2. NOTICE OF HEARING.
- RULE 4.3. CONDUCT OF HEARING.
- RULE 4.4. PRIVILEGE AND IMMUNITY.
- RULE 4.5. STANDARD OF PROOF.
- RULE 4.6. SUBPOENA AND CONTEMPT POWER.
- RULE 4.7. RECORD OF HEARINGS.
- RULE 4.8. RECOMMENDED DISPOSITION BY BOARD.
- RULE 4.9. RESPONSE TO RECOMMENDED DISPOSITION.
- RULE 5. OFFICE OF DISCIPLINARY COUNSEL.
- RULE 5.1. APPOINTMENT.
- RULE 5.2. REMOVAL.
- RULE 5.3. PRACTICE OF LAW.
- RULE 5.4. AUTHORITY.
- RULE 5.5. EXPENSES.
- RULE 5.6. STATISTICAL REPORTING.
- RULE 6. REFERRALS TO THE WEST VIRGINIA JUDICIAL AND LAWYER ASSISTANCE PROGRAM.
- RULE 6.1. NOTIFICATION.
- RULE 6.10. PERIOD OF LIMITATION FOR FILING INFORMATION.
- RULE 6.2. WVJLAP COMPLIANCE.
- RULE 6.3. AUTHORITY.
- RULE 6.4. CONFIDENTIALITY.
- RULE 6.5. REFUSAL TO COMPLY.
- RULE 6.6. FAILURE OF REHABILITATION.
- RULE 6.7. EVALUATION EXPENSES.
- RULE 6.8. PROCEEDINGS AND PROCESS.
- RULE 6.9. INFORMATION PROVIDED TO DISCIPLINARY AUTHORITIES BY THE WVJLAP.
- RULE 7. MANDATORY CONTINUING JUDICIAL EDUCATION.
- RULE 7.1. PROGRAM ADMINISTRATION.
- RULE 7.10. REVOCATION OF ACCREDITED STATUS.
- RULE 7.11. DELAYED ACCREDITATION.
- RULE 7.12. REIMBURSEMENT OF EXPENSES.
- RULE 7.13. FINALITY OF DECISIONS.
- RULE 7.14. MINIMUM CONTINUING JUDICIAL EDUCATION REQUIREMENTS FOR ACTIVE JUDGES.
- RULE 7.15. REPORTING.
- RULE 7.16. MINIMUM CONTINUING JUDICIAL EDUCATION REQUIREMENTS FOR NEW JUDGES AND TEMPORARY FAMILY COURT JUDGES.
- RULE 7.17. OBTAINING CREDITS.
- RULE 7.18. RETROACTIVE CREDIT.
- RULE 7.19. TRANSFER OF CREDIT.
- RULE 7.2. COURSE APPROVAL.
- RULE 7.20. NONCOMPLIANCE AND SANCTIONS.
- RULE 7.21. RIGHT TO HEARING.
- RULE 7.3. CREDIT HOURS.
- RULE 7.4. EXEMPTIONS.
- RULE 7.5. DISCIPLINARY ACTION.
- RULE 7.6. ANNUAL REPORT.
- RULE 7.7. PRESUMPTIVELY APPROVED COURSES.
- RULE 7.8. OBTAINING COURSE APPROVAL.
- RULE 7.9. STANDARDS OF ACCREDITATION.
- West Virginia Rules of Professional Conduct
- Supreme Court and Intermediate Court Proceedings
- West Virginia Family Court Proceedings
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