RULE 2.310.   JUDICIAL DISCIPLINE, REMOVAL, RETIREMENT, AND SUSPENSION

(a)    Filing. Any recommendations to the supreme court from the Judicial Qualifications Commission pursuant to article V, section 12, of the Florida Constitution shall be in writing. The original and 7 copies shall be filed with the clerk of the court, and a copy shall be served expeditiously on the justice or judge against whom action is sought.

(b)    Procedure.

(1)    Promptly upon the filing of a recommendation from the commission, the court shall determine whether the commission’s recommendation complies with all requirements of the constitution and the commission’s rules. Upon determining that the recommendation so complies, and unless the court otherwise directs, an order shall issue directing the justice or judge to show cause in writing why the recommended action should not be taken.

(2)    The justice or judge may file a response in writing within the time set by the court in its order to show cause, and the commission may serve a reply within 20 days from service of the response.

(3)    If requested by the commission, or by a justice or judge at the time of filing a response, the court may allow oral argument on the commission’s recommendation.

(c)    Costs. The supreme court may award reasonable and necessary costs, including costs of investigation and prosecution, to the prevailing party. Neither attorneys’ fees nor travel expenses of commission personnel shall be included in an award of costs. Taxable costs may include:

(1)    court reporters’ fees, including per diem fees, deposition costs, and costs associated with the preparation of the transcript and record; and

(2)    witness expenses, including travel and out-of- pocket expenses.


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