Section 4.08. Commission finding.

  Following the conclusion of proceedings under s. JC 4.07 , the commission shall do any of the following:

(1)  Refer the matter back to the executive director for further investigation under s. JC 4.03 . The judge or court commissioner may respond under s. JC 4.07 if the commission decides there is cause to proceed further on an additional allegation.

(2)  Find that probable cause of misconduct or permanent disability does not exist, and dismiss the allegation.

(3)  Find that by reason of the lapse of time or other circumstances the conduct described in the allegation is no longer relevant to his or her continued conduct as a judge or court commissioner, and dismiss the allegation.

(4)  Dismiss the matter with such expression of concern or warning as the commission deems appropriate upon finding that there is credible evidence that any of the following exists:

(a) A violation of one or more standards of the code of judicial ethics that is not aggravated or persistent.

(b) A violation of a rule of the code of judicial ethics that is not wilful.

(c) A failure to perform official duties that is not willful or persistent.

(d) The allegation does not warrant prosecution because of its minor nature or other circumstances.

(5)  Find that any misconduct or disability specified in the allegation is caused by a mental or physical condition for which treatment is appropriate and, with the agreement of the judge or court commissioner, hold open the allegation until the judge or court commissioner completes an appropriate treatment program. Upon successful completion of the program and demonstration that the conduct is unlikely to be repeated, the allegation shall be dismissed. Otherwise, a finding shall be made under sub. (6) or (7) .

(6)  Find that probable cause exists that a judge or court commissioner has engaged or is engaging in misconduct, and file a formal complaint, or that the judge or court commissioner has a permanent disability and file a formal petition, with the supreme court under s. 757.85 (5) , Stats.

(7)  Make such other disposition of the matter as is appropriate under the circumstances.

Cr. Register, May, 1979, No. 281 , eff. 6-1-79; am, (1) (d), r. (1) (f), renum. (1) (g) to be (1) (f) and am., cr. (1) (d) 1. to 4. and (1) (g), Register, February, 1982, No. 314 , eff. 3-1-82; renum. from JC 4.07 and am., r. (2), Register, August, 1991, No. 428 , eff. 9-1-91; am. (1), (3), (5) and (6), Register, June, 1993, No. 450 , eff. 7-1-93.