(a) Grounds for Revocation or Suspension. Certification may be revoked or suspended by the Board for dishonest practices, including conduct unbecoming a public employee or failure to perform, or neglect of, the duties of a municipal court administrator.
(b) Investigatory Powers of the Board. In the conduct of investigations and hearing proceedings, the Board may: (1) examine relevant books and records, and (2) take depositions of necessary witnesses. The Board also may request that the Assignment Judge of the relevant vicinage issue subpoenas for the attendance of witnesses and for the production of papers, books, accounts, documents and testimony, or any other relevant records or material.
(c) Cooperation. Certified municipal court administrators, attorneys, judges, and other employees of the judicial system of this State should cooperate with and give reasonable assistance and information to the Board in connection with any investigations or proceedings conducted by or on behalf of the Board.
(d) Notice and Opportunity to Reply; Hearings. On completion of an investigation, if there is cause to proceed, the Board shall notify the Certified Municipal Court Administrator under investigation (respondent) in writing of the substance of the matter and shall afford respondent an opportunity to reply in writing within a specified time. In all cases that may result in suspension or revocation of certification, the Board shall conduct hearings pursuant to the Program’s regulations. All testimony shall be given under oath. The Rules of Evidence shall not apply.
(e) Prior Determination. Whenever a certified municipal court administrator has been found guilty of an offense or infraction related to dishonest practices, including conduct unbecoming a public employee or failure to perform, or neglect of, duties of a certified municipal court administrator, a copy of the judgment of conviction, decision, opinion, or order in that matter shall be conclusive evidence of the facts established therein. In a hearing conducted by the Board in such situation, the sole issue to be determined by the Board thus shall be the extent of the sanction(s) to be imposed by the Board. Respondent may introduce relevant evidence in mitigation that is not inconsistent with the essential facts established in the judgment of conviction, decision, opinion, or order.
(f) Burden of Proof . In proceedings under this Rule, the Board shall have the burden of proof in respect of alleged misconduct. The respondent shall have the burden of proving all affirmative defenses, constitutional challenges, and mitigating circumstances, if any. The standard of proof for the Board and the respondent shall be clear and convincing evidence.
(g) Final Decision. In proceedings under this rule, the Board shall issue a written Final Decision, which shall include the sanction(s), if any, to be imposed.
(h) Effect of Revocation and Suspension. On revocation or during any period of suspension, respondent shall not hold himself or herself before the public and the courts of this State as being certified, nor use the title C.M.C.A. in any official or unofficial capacity. No person whose certification has been revoked pursuant to this Rule may be subsequently certified, unless permitted by this Rule and regulations of the Board.
(i) Notification of Revocation or Suspension. On the entry of an order of revocation or suspension, the Board shall notify respondent’s employer, municipal court judge, Assignment Judge and any other agencies as provided by the regulations of the Board.
