The judge may still consent to public censure or some other sanction, but any stipulation or agreement accepted by the commission after the start of formal proceedings must be made public. The formal hearing is open to the public and is conducted like a trial, following the rules of evidence and civil procedure used in the Superior Court. The hearing is usually held before the full commission with one of the judge members presiding. The judge is given notice of the time and place of the hearing, and a notice is sent to the press. During the hearing, disciplinary counsel and the judge or the judge's attorney make opening and closing arguments.
Disciplinary counsel introduces evidence and questions witnesses.
The judge is given an opportunity to testify, and the judge's attorney may question the witnesses and offer evidence during the hearing. The proceedings, which can be recorded on tape or by a court reporter, are transcribed when the case goes to the Supreme Court. At the conclusion of the hearing or upon entering into an agreement with the judge, the commission makes findings of fact. Disciplinary counsel or the judge, or both, may file objections to the findings with the commission which can accept or reject them without further proceedings. At this point, the commission may either dismiss the matter, or, if it finds good cause, may recommend that the Supreme Court censure, suspend, remove or retire the judge.