RULE IRLJ 3.4
               HEARING ON MITIGATING CIRCUMSTANCES


    (a) Generally. The court shall conduct the hearing concerning
mitigating circumstances in accordance with applicable law.

    (b) Procedure at Hearing. The court shall hold an informal
hearing which shall not be governed by the Rules of Evidence.
Subject to the other provisions of these rules, all relevant
evidence is admissible which, in the opinion of the judge, is the
best evidence reasonably obtainable, having due regard for its
necessity, availability and trustworthiness. The plaintiff and
the defendant may each be represented by a lawyer. The defendant
may present witnesses, but they may not be compelled to attend.

    (c) Disposition. The court shall determine whether the
defendants explanation of the events justifies reduction of the
monetary penalty. The court shall enter an order finding the
defendant committed the infraction and may assess a monetary
penalty. The court may not impose a penalty in excess of the
monetary penalty provided for the infraction by law. The court
may waive or suspend a portion of the monetary penalty, or
provide for time payments, or in lieu of monetary payment provide
for the performance of community restitution as provided by law.
The court has continuing jurisdiction and authority to supervise
disposition for not more than 1 year.

[Adopted effective September 1, 1992; amended effective January 3, 2006.]