Within sixty days after the final hearing or the filing of post-hearing briefs, which shall in no case be permitted more than thirty days after the final hearing, whichever comes later, the Judicial Hearing Board shall file a written recommended decision with the Clerk of the Supreme Court of Appeals. If the hearing was conducted by agreement before a hearing examiner, the examiner shall file a written recommended decision with the Judicial Hearing Board within thirty days after the final hearing or the filing of post-hearing briefs, which shall in no case be permitted more than thirty days after the final hearing, whichever comes later, and the Judicial Hearing Board shall then, within thirty days after the date of the examiner’s recommended decision, file its written recommended decision with the Clerk of the Supreme Court of Appeals. The decision shall contain findings of fact, conclusions of law, and a recommended disposition. Prior to the release of information regarding the recommended disposition, the Clerk of the Supreme Court of Appeals or the Judicial Hearing Board shall provide reasonable notice to the Office of Disciplinary Counsel and the judge of the nature of the decision.
West Virginia > Rules Governing Lawyers and Judges > West Virginia Rules of Judicial Disciplinary Procedure > RULE 4.8. RECOMMENDED DISPOSITION BY BOARD.
RULE 4.8. RECOMMENDED DISPOSITION BY BOARD.
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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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