RULE 9
                DECISION AND RECONSIDERATION

    (a) Decision by Full Court. Hearings on the merits under these rules
will ordinarily be heard by nine justices. A reference to Supreme Court
Justice or Justices in these rules includes regular and pro tempore
justices. A reference to the Supreme Court includes the Supreme Court as
regularly constituted, and the Supreme Court with one or more justices pro
tempore.
    (b) Postponement of Decision. The Supreme Court may postpone Supreme
Court proceedings involving a judge if there are other proceedings pending
before the commission involving that same judge.
    (c) Decision Imposing Discipline or Retirement. Discipline may be
imposed or retirement ordered only upon the affirmative vote of at least
five Supreme Court Justices. The decision of the court shall be in the form
of a written opinion. The Supreme Court may impose the sanction recommended
by the commission, or any other sanction that the Supreme Court deems
proper.
    (d) Finality of Decision. The decision of the Supreme Court becomes
final 14 days after the decision is filed, unless a motion for
reconsideration of the decision is earlier filed. If a timely motion for
reconsideration is filed, the decision of the Supreme Court becomes final
when the motion for reconsideration is denied. If the motion for
reconsideration is granted, the reconsidered decision is final when filed.
The Supreme Court decision is effective when final, unless otherwise
provided by the Supreme Court in its decision.
    (e) Motion for Reconsideration. A party seeking reconsideration of a
decision must file a motion for reconsideration within 14 days after the
decision of the Supreme Court has been filed. Rules of Appellate Procedure
12.4(c) through (h) are applicable to proceedings under these rules.

                          Comment
    Section (a). The Supreme Court will ordinarily decide a judicial
discipline case with a full panel of nine justices, drawing from justices
pro tempore if necessary, to create a full panel. The rule does provide,
however, that a decision by less than nine justices will be effective if
the decision is supported by at least five justices.
    Section (b). The ABA Standards recommend that the court dispose of all
matters regarding the discipline of a particular judge at one time. ABA
Standards Relating to Judicial Discipline and Retirement, Std. 7.6.
    Section (c). The Supreme Court must approve the discipline of a judge
with at least five votes. The court may impose the discipline it determines
is proper.
    Section (d). A party has 14 days in which to file a motion for
reconsideration. If no motion is filed, the decision is final at the end of
the 14-day period. If a motion is filed, the decision is final when the
motion is denied or when the reconsidered decision is filed. This parallels
RAP 12.4 which permits only one motion for reconsideration. This paragraph
supersedes RCW 2.04.170 to the extent the statute is in conflict with this
rule.

[Effective May 14, 1982]