Discipline ¶2711

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  ¶  2711. Power of the Trial Court
1. Instruction, Disqualification, Voting and Verdicts-The trial court shall have full power to try the respondent. The trial court shall be a continuing body until the final disposition of the charge. If any regular or alternate member of the trial court fails to attend any part of any session at which evidence is received or oral argument is made to the trial court by counsel, that person shall not thereafter be a member of the trial court, but the rest of the trial court may proceed to judgment.  
  2. Votes-It shall require a vote of at least nine members of the trial court to sustain the charge(s) and nine votes also shall be required for conviction. Fewer than nine votes for conviction shall be considered an acquittal. The burden of proof for a vote to convict shall be clear and convincing. The trial court shall present to the presiding officer a decision on each charge and each individual specification under each charge. Its findings shall be final, subject to appeal to the committee on appeals of the jurisdictional conference or the central conference, as the case may be.
  3. Penalties-If the Trial Results in Conviction. Further testimony may be heard and arguments by counsel presented regarding what the penalty should be. The trial court shall determine the penalty, which shall require a vote of at least seven members. The trial court shall have the power to remove the respondent from professing membership, terminate the conference membership and/or revoke the credentials of ordination or consecration of the respondent, suspend the respondent from the exercise of the functions of office, or to fix a lesser penalty. The penalty fixed by the trial court shall take effect immediately unless otherwise indicated by the trial court.