Rule 12-604. Proceedings for removal of public officials within the jurisdiction of the Supreme Court.

A. Scope. This rule governs all proceedings for removal of public officials where jurisdiction is conferred on the Supreme Court by the constitution or by statute. B. Filing of charges. Charges alleging specific facts constituting one or more constitutional or statutory grounds for removal will be entertained by the Court on presentment by the governor, the attorney general, or any regularly empaneled grand jury. Any such grand jury presentment shall be immediately certified to the Court by the district court clerk where such presentment is filed. C. Prosecution. All charges so presented to the Court shall be prosecuted by the attorney general unless the attorney general shall decline to act, except that the governor, in case of presentment by the governor, may request the designation of another attorney, in either of which events the Court will appoint another attorney. D. Service. On any such presentment, the Court shall make and enter its order directing service on the accused and specifying the time for appearance and answer. E. Answer. Within the time prescribed in the order, the accused may, by way of answer, object to the sufficiency of any charge or specification or deny the truth thereof. Any charge or specification legally sufficient and not denied shall be taken as admitted. F. Failure to appear. If the accused fails to appear, the Court will proceed to hear and determine the charges in the accused’s absence. G. Trial. The issues shall be tried to the Court without a jury. To the extent that such are applicable and do not conflict with the rules of the Court, the Rules of Civil Procedure for the District Courts and the Rules of Evidence shall govern the conduct of the trial. The prosecution shall have the burden of proof. H. Judgment. The decision and judgment of the Court shall be final. Unless the judgment shall expressly provide otherwise, no motion for rehearing or for new trial shall be permitted, and the judgment shall take effect at once. I. Fees. No docket fee or filing fee shall be required in any removal proceedings. Witness fees and other costs shall be taxed in such manner as may be determined by the Court in its discretion.