RULE 4
                      RECORD ON REVIEW

    (a) Transcription of Proceedings. Except as provided in section (b),
upon receipt of a timely filed notice of contest, the commission shall at
its own expense transcribe those portions of the record of the proceedings
involving those charges upon which the recommendation of the commission is
based. The transcription of the record and copies of relevant material
filed with the commission shall be forwarded by the commission to the judge
within the time authorized by the Supreme Court. Any objections relating to
the accuracy and content of the record must be made within 14 days after
service of the record on the judge. Objections shall be decided in
accordance with the rules of the commission. The commission shall forward
the record to the Supreme Court after objections are determined by the
commission or, in the absence of objection, after the time for objection
has expired.
    (b) Agreed Record in Contested Proceedings. The commission and the
judge may agree to a record in contested proceedings different from that
required by section (a). The agreed record shall contain sufficient
material to permit the Supreme Court to consider the decision of the
commission.
    (c) Uncontested Proceedings. If the judge has not timely filed a notice
of contest, the record shall consist of the decision of the commission and
any other portions of the proceeding which the Supreme Court deems relevant
for its consideration.

                          Comment
    Section (a). The rule provides that the commission will prepare the
record in a contested proceeding. The commission will only need to
transcribe those portions of the proceedings which are relevant to its
recommendation. Thus, if the judge was originally charged with five
different violations of the Code of Judicial Conduct and the commission
recommends discipline based on only one of those, it would only need to
transcribe the portions of the proceedings relevant to the charge actually
found. The commission will first serve the record on the judge to allow for
its determination of any objections to the record before the matter is
referred to the Supreme Court. If a party is not satisfied with the
commission's determination of the objection, the Supreme Court will decide
the matter.
    Section (b). There may be circumstances when the commission and the
judge disagree only over a limited part of the commission recommendation.
In such circumstances, an agreed record is authorized. Cf. RAP 9.4.
    Section (c). If a judge does not contest the commission
recommendations, the record will only consist of the commission decision,
supplemented by those portions of the record the Supreme Court deems
relevant.

[Effective May 14, 1982]