(A) Majority Decision.
(1) The affirmative vote of 5 commission members who have considered the report of the master and any objections, and who were present at an oral hearing provided for in MCR 9.216, or have read the transcript of that hearing, is required for a recommendation of action with regard to a judge. A commissioner may file a written dissent.
(2) If the hearing was held without a master, the affirmative vote of 5 commission members who were present when the evidence was taken or who have read the transcript of that proceeding is required for such a recommendation. A commissioner may file a written dissent.
(3) It is not necessary that a majority agree on the specific conduct that warrants a recommendation of action with regard to a judge, or on the specific action that is warranted, only that there was some conduct that warrants such a recommendation.
(B) Record of Decision.
(1) The commission must make written findings of fact and conclusions of law along with its recommendations for action with respect to the issues of fact and law in the proceedings, but may adopt the findings of the master, in whole or in part, by reference.
(2) The commission shall undertake to ensure that the action it is recommending in individual cases is reasonably proportionate to the conduct of the respondent, and reasonably equivalent to the action that has been taken previously in equivalent cases.
(C) Action With Respondent’s Consent. With the consent of the respondent and the commission, the Supreme Court may impose a sanction or take other action at any stage of the proceedings under these rules.