R. 2:15-14. — Conduct of Formal Hearing

a. At a formal hearing, the judge has the right to be represented by an attorney retained at the expense of the judge.

b. All testimony taken at a formal hearing shall be under oath.

c. All formal hearings shall be recorded by a qualified shorthand reporter, a video recording device, or a sound recording device. The Committee shall provide a copy of any videotapes or transcripts to the judge without charge.

d. Disciplinary Counsel, or such other attorney as may be designated by the Committee, shall present to the Committee the evidence supporting the charges concerning the judge. The judge or the judge's attorney shall present any evidence in defense or explanation of the charges. No other person, except the members of the Committee, shall participate in a formal hearing other than as a witness giving testimony under oath.

e. The Rules of Evidence are not binding on the Committee.

f. If the judge refuses to testify at the hearing, the Committee may draw any reasonable inference, under the circumstances of the matter, from such refusal to testify.

g. A judge’s unexcused absence, non-responsiveness or other failure to reply or to file any document or to attend any required conference or hearing shall not delay the orderly processing of a case, provided the judge has been properly served pursuant to Rule 2:15-12(e).

h. At the conclusion of the formal hearing, the Committee may provide for post-hearing briefs.

i. At the conclusion of a formal hearing, with proper notice to the judge, the Committee may order that the charges set forth in the formal complaint be amended to conform to the proofs presented at the hearing.

j. Generally, disciplinary matters shall take precedence over administrative, civil and criminal cases. All courts, tribunals, assignment judges and presiding judges shall make reasonable accommodations for the attendance of respondent judges, their counsel, witnesses and other participants. Every participant in a disciplinary proceeding shall be obligated to give reasonable advance notice of potential litigation conflicts to the assignment judge, presiding judge, or, in the case of counsel, witnesses and other participants, to the particular judge or officer in charge of the litigation. The same advance notice shall be given to the presenter and the Committee chair in the disciplinary matter.