present.
• c) Presentation of evidence. The prosecutor may make a brief opening statement setting forth the alleged violation(s) and the essential facts intended to be established at the hearing. The respondent or his or her attorney or lay advocate may make a brief responsive statement. The prosecutor shall then call witnesses and introduce exhibits and documentary evidence. The respondent or his or her advocate may ask questions of these witnesses and may present other evidence and witnesses. The Hearing Officer shall administer an oath to all witnesses. The respondent may testify but is not required to testify. The Hearing Panel may not draw inferences from the silence of the respondent. Members of the court may ask questions of witnesses following the examinations by the parties. The Hearing Officer may disallow questioning that is repetitive, irrelevant, cumulative, or harassing. Upon completion of the presentation of the evidence, the prosecutor and the respondent or his or her lay advocate may make closing statements.
• d) Deliberation and verdict. The Hearing Panel shall privately confer and deliberate upon their verdict, which shall be voted by a secret ballot. Four of the justices must find evidence of the respondent's violation(s) to have been proven by clear and convincing evidence before a verdict against respondent can be rendered.
• e) Sanction hearing. When the Hearing Officer reconvenes the hearing and announces the Hearing Panel's findings, the hearing is concluded and the proceedings ended if the charges were not proven. If the Hearing Panel finds one or more of the charges true, it shall then receive evidence in aggravation or mitigation of the presumptive sanctions. The prosecutor has the first opportunity to offer evidence in aggravation or mitigation. The respondent may then present his/her mitigation evidence. Both parties may make sanction recommendations to the court. Regardless of whether the respondent has remained silent throughout the proceedings, the respondent and his or her lay advocate may speak to the court regarding the sanction.
• f) Deliberation and imposition of sanction. In private deliberations the Hearing Panel shall determine the appropriate sanction(s), mindful of any presumptive sanctions
-37-