Rule 1:41-4. Revocation or Suspension of Certification or Accreditation

(a) Grounds for Revocation or Suspension Certification, conditional accreditation, or accreditation may be revoked or suspended by the Board for a conviction of a crime or disorderly or petty disorderly persons offense, for a violation of the "Code of Conduct for Judiciary Employees," or for dishonest practices, including conduct unbecoming a public employee or failure to perform, or neglect of, the employee's duties.

(b) Assignment Judge’s Power to Suspend Pending action by the Board pursuant to R. 1:41-4(a), the Assignment Judge of the vicinage may immediately temporarily suspend certification, conditional accreditation, or accreditation where the employee has been charged with or there are credible allegations that he or she has committed a serious offense or has engaged in serious misconduct. The Assignment Judge shall have the authority to prohibit the suspended employee from working in the court in any capacity during the period of suspension.

(c) 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 involved 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.

(d) Cooperation Certified, conditionally accredited, or accredited municipal court employees, attorneys, judges, and other employees of the judicial system of this State shall 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.

(e) Notice and Opportunity to Reply; Hearings Upon completion of an investigation, if there is cause to proceed, the Board shall notify the municipal court employee under investigation (respondent) in writing of the substance of the allegation(s) 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, conditional accreditation, or accreditation, 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.

(f) Prior Determination Whenever a certified, conditionally accredited, or accredited municipal court employee has been found guilty of an offense or infraction related to misconduct as defined in R. 1:41-4(a), 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.

**(g) 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.

(h) 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.

(i) Effect of Revocation and Suspension Upon 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, conditionally accredited or accredited. Nor shall a certified municipal court administrator whose certification has been revoked or suspended use the title C.M.C.A. in any official or unofficial capacity. No employee whose certification, conditional accreditation, or accreditation has been revoked or suspended shall serve in the title of municipal court director, municipal court administrator, or deputy municipal court administrator after revocation or during the suspension.

(j) 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.