13 The Judicial Discipline and Disability Commission (“the Commission”) recommends that this court permanently remove Judge L.T. Simes from the bench without the possibility of returning to that position by election or appointment. The Commission bases this recommendation on its findings that Judge Simes violated (1) Canon 4(G) of the Code of Judicial Conduct by engaging in the practice of law while he was a circuit judge; (2) Canon 4(E) by serving as a fiduciary of an estate of someone other than a family member; and (8) *74Canon 2 by failing to avoid impropriety or the appearance of impropriety. We hold that the findings of the Commission are not clearly erroneous, but we reject the recommendation of removal. We suspend Judge Simes from the bench, without pay, until the end of his current term, which is December 31, 2010. We further deny Judge Simes’s motion to strike extraneous material from the record.
_|The facts are these. On January 14, 1976, L.T. Simes filed a petition as the attorney of Lazora Corbin to have an administrator appointed for the estate of her father, Quincy Chandler. He next filed an acceptance of appointment as administrator, and on March 19,1976, by order of the probate court, he was permitted to serve as the administrator of the Chandler Estate without bond. One of the assets of the estate was a tract of farm land, which was leased to a third party. On July 18, 1986, an order was entered by the probate court, directing that all farm rental income of the Chandler Estate be paid to attorney Simes, as administrator of the estate. Judge Simes now contends that he received the first annual rental payment in 1989.1 Fourteen years after attorney Simes became administrator of and attorney for the estate, in July 1990, he received a letter from Lazora Corbin, which said, “You are here by [sic] discharged as my attorney on July 9, 1990.” The letter also asked him to “deliver” the legal file to attorney Charles Allen. According to Judge Simes, he then sent a copy of the file to Mr. Allen.
After July 9, 1990, Simes, both as attorney and after he became judge, continued to receive rental payments in connection with the Chandler Estate and never moved the court to be removed as administrator of or the attorney for the estate.2 In January 1997, after | shaving been duly elected circuit judge on November 5, 1996, Judge Simes assumed the bench as a full-time judge for the First Judicial Circuit. After becoming a judge, he still did not take action to remove himself as the administrator of the Chandler Estate or to remove himself as attorney of record for either Lazora Corbin or the estate. He continued to receive annual rent checks, but he filed no accounting for the checks received as part of the probate administration.3
On February 23,1998, Judge Simes sent a letter to Linda White, the Phillips County Clerk, which stated:
Enclosed herein you will find check # 5603 in the amount of $1440.00 dated November 7, 1997. Do you have an account in your office where this money can be kept and distributed according to a Chancery Court order? As you are aware, I no longer practice law. My last notion was that Charles Allen represented the estate. Please check your files and see who the attorney is and a copy of this pleading can be sent to them as well. If you have any further questions, please feel free to call.
*75Ms. White responded to Judge Simes on March 25,1998, answering, in part:
We did not find an account for this money to be kept and distributed by a Chancery Court Order. Also, I spoke with Charles Allen to see if he had handled this case and he told me he had not. The only other attorney I could find who signed off on any paperwork was Eddie Schieffler who was a court-appointed attorney for John Chandler.
Please find enclosed the letter and check you mailed to our office. If there is anything we need to do that I am not aware of please let me know.
UThe record does not reflect that Judge Simes took any further action to resolve the matter of who represented the estate upon receiving Ms. White’s correspondence.
In January 2003, attorney Jesse Dag-gett, who had been retained by the heirs of the Ghandler Estate, contacted Judge Simes and requested an accounting of the annual farm rental payments. On May 11, 2004, the heirs of the Chandler Estate petitioned Judge Kathleen Bell for an accounting and to have Arnold Chandler appointed as administrator of the estate. Thereafter, Judge Bell ordered Judge Simes to file a final accounting for the estate by October 29, 2004, for the period from March 18, 1976 to date. Judge Simes did not file the accounting as ordered. Judge Bell also discharged Judge Simes as administrator and appointed Arnold Chandler as Administrator in Succession of the estate.
On November 18, 2004, Judge Bell re-cused, and Special Judge W.H. “Dub” Arnold was appointed to decide the case. Judge Arnold held a hearing on September 29, 2005 with respect to the motion for accounting filed by Daggett on behalf of the estate. Judge Simes and Mr. Daggett each made a statement at the hearing, and Arnold Chandler testified. On October 10, 2005, Judge Simes filed a Petition for Attorney’s Fees and Executor’s Fees before Judge Arnold, seeking payment of $13,940.77, to cover his claimed service to the estate as both administrator and lawyer from January 1976 through March 1998. The fees claimed by Judge Simes for work done in 1998 as administrator and attorney, after he assumed the bench, included the letter to Linda White, Probate Clerk, on February 23, 1998; a letter from 15Connie Smith, Deputy Probate Clerk, on March 25, 1998; and a conversation with attorney Charles Allen on March 25, 1998.
Following the hearing, Judge Arnold entered an order dated October 25, 2005, and concluded that Judge Simes had breached his fiduciary duty to the estate and that he owed the estate a total of $24,138.03, inclusive of interest, for the rent payments he had collected and failed to disburse to the heirs. Judge Simes paid the judgment. Judge Arnold’s order also denied the petition for attorney’s and administrator’s fees and found that Judge Simes had violated various Rules of Professional Conduct.4 Judge Arnold also noted that Judge Simes had failed to comply with Judge Bell’s 2004 order that he file a final accounting for the estate. Judge Simes did not appeal Judge Arnold’s order.
On October 27, 2005, Judge Arnold referred Judge Simes to the Arkansas Supreme Court Committee on Professional Conduct (CPC), by letter and attached a copy of his order to the letter.5 On Sep*76tember 12, 2006, a Consent Findings and Order was entered by the CPC and agreed to by Judge Simes, wherein Judge Simes was cautioned by the CPC for violating various Rules of Professional Conduct and was ordered to pay restitution to the Chandler Estate in the amount of $2,122.99 for attorney’s fees incurred. That consent order provided in part that: “Judge Simes’ conduct, as an attorney, violated Model Rule 1.15(b), |nin that he failed to promptly deliver to the Estate of Quincy Chandler the funds represented by three rental checks for the years 1997, 2000 and 2002.”
On March 16, 2006, Ashley Higgins, an attorney in Helena, sent a letter to the Commission regarding Judge Simes’s involvement in the Chandler Estate. Mr. Higgins included the October 25, 2005 order entered by Judge Arnold. The Commission assigned case number 06-174 to the complaint, and, on March 27, 2006, it sent a letter to Mr. Higgins, acknowledging receipt of his complaint, and to Judge Simes, informing him of the complaint and inviting his response within 30 days. After various delays and continuances, a three-person panel of the Commission held a disciplinary hearing on the Higgins complaint on January 16, 2009, and February 18, 2009. Following the hearing, the panel issued a report and recommendations on March 18, 2009, in which it recommended that Judge Simes be permanently removed from the bench. On April 28, 2009, the full Commission entered a unanimous final decision in which it adopted the findings and recommendation of the panel. That recommendation of the full Commission is now before this court for final decision.
In Judicial Discipline and Disability Commission v. Thompson, this court stated the standard of review for judicial-discipline cases. 341 Ark. 253, 262, 16 S.W.3d 212, 215 (2000). This court conducts a de novo review, and, after a review of the entire record, we may accept, reject, or modify, in whole or in part, the Commission’s findings and recommendations. Id. This court, however, will not reverse the Commission’s findings unless they are clearly erroneous. Id.
_|¿. Practice of Law
We turn first to the question of whether Judge Simes practiced law while he was on the bench. The Commission concluded that Judge Simes’s conduct violated Canon 4(G), which restricts a presiding judge from practicing law or appearing as counsel in any court in this state. The Commission made the following specific findings in support of its conclusion:
• Rental payments from the Chandler Estate continued to be made to Judge Simes long after he assumed his role as Circuit Judge.
• Subsequent to assuming his position as Circuit Judge, Judge Simes claimed monies owed to him for attorney’s fees and for executor’s fees from the Chandler Estate.
• The letter Judge Simes received from Lazora Corbin did not serve to release him from his obligations as the attorney for and the administrator of the Chandler Estate. Judge Simes either knew, or should have known, that it did not do so.
• Judge Simes appeared as counsel in a court of this state during the time he was serving as a circuit judge.
Judge Simes now argues to this court that there is no evidence in the record to support the finding that he practiced law in violation of Canon 4(G). Instead, Judge Simes asserts that he was in a no-win situation and that if he had petitioned a court to withdraw as counsel for the Chan*77dler Estate, he would have, in fact, been practicing law in violation of Canon 4(G).
The answer to this question centers on what constitutes the practice of law and Judge Simes’s actions. In Thompson, this court emphasized that “the practice of law is not confined to services by an attorney in a court of justice; it also includes any service of a legal nature rendered outside of courts and unrelated to matters pending in the courts.” 341 Ark. at 263, 16 S.W.3d at 216 (citing Undem v. State Bd. of Law Exam’rs, 266 Ark. 683, 587 S.W.2d 563 (1979)). In Thompson, this court accepted the Commission’s finding that then-Judge Thompson had engaged in the practice of law where the evidence showed he actively participated in settlement negotiations on behalf of clients he represented before he became a circuit judge.
Judge Simes asserts that the Commission’s findings in the instant case are clearly erroneous because there is no evidence that he actively did anything that could be defined as practicing law. He contends that the Commission found he practiced law based on what he did not do, which was he failed to withdraw as the attorney of record in the case. The Commission answers that the 1990 letter from Lazora Corbin did not serve to terminate Judge Simes’s responsibilities as her attorney and that he, in fact, continued to perform attorney functions for the estate after the letter was received. The Commission points to the evidence in the record that Judge Simes continued to receive rental payments intended for the estate after he became a circuit judge. The Commission also cites the consent order from the CPC, which Judge Simes agreed to, as evidence that Judge Simes admitted he engaged in the practice of law while he was a judge. That order said that he was acting as an attorney in 1997, 2000, and 2002 when he received farm rental cheeks and neglected to deliver them to the estate.
There is no doubt that the judge’s actions in Thompson on the practicing-law question were more egregious than Judge Simes’s actions in the Chandler Estate, but even so, the Commission’s finding that Judge Simes engaged in the practice of law, and thereby violated 19Canon 4(G), is not clearly erroneous. According to Judge Simes, he was unable to withdraw as counsel for Lazora Corbin or as attorney for the estate because he would violate Canon 4(G) by moving a court to be relieved. Clearly, though, his withdrawal as counsel for all parties and an order granting that withdrawal should have transpired before he assumed the bench.
It is conceivable that some judges might inadvertently remain listed as the attorney of record on a case after they become a sitting judge and that merely overlooking the fact would not constitute the practice of law. In this case, however, Judge Simes remained attorney of record and knowingly continued to receive rent checks on behalf of the estate after he was sworn in as a judge. He also had correspondence with the probate clerks in February and March 1998 about his role and the rental checks, and later attempted to bill the estate for those services. Additionally, he worked actively with the estate’s new attorney, Jesse Daggett, to construct an accounting of the estate for the years before and after he assumed the bench, and he petitioned Judge Arnold for attorney’s fees as well as administrator’s fees for services provided to the estate from January 1976 through March 1998, which was over a year after he became a circuit judge.6 *78Judge Simes’s petition for fees further supports the Commission’s finding that he appeared before a court, as counsel, while he was a sitting judge.
|ioWhile admittedly Judge Simes’s roles as attorney for and administrator of the estate appear to have blurred at times, based on the documentation, orders, and judgments before this court, it is clear that he wore both hats after he assumed the bench. His actions went beyond mere inadvertence or inaction. The facts, accordingly, support the Commission’s finding that Judge Simes violated Canon 4(G) and engaged in the practice of law.
II. Service as a Fiduciary
Judge Simes also claims that the Commission clearly erred in finding that he served as a fiduciary to the Chandler Estate while he was a judge. The Commission’s specific findings on this point were:
• Judge Simes was appointed as the administrator of the Chandler Estate on January 14, 1976, and served as administrator of that estate until discharged by Order of the Circuit Court of Phillips County, Arkansas, dated the 20th day of May, 2004.
• Judge Simes took no steps to have himself removed as the administrator of the Chandler Estate upon assuming the position of Circuit Judge.
• Judge Bell ordered Judge Simes to file a final accounting of the estate in 2004, which he did not do.
• After he assumed the bench, Judge Simes claimed the estate owed him money for administrator’s fees.
• Judge Simes served as the administrator of an estate of a decedent not a member of the Judge’s family during the time that he was serving as a Circuit Judge.
• The conduct of Judge Simes violates Canon Four E restricting a judge from serving in a fiduciary capacity.
Judge Simes’s rebuttal to the Commission’s findings on this point is essentially the same as he made with respect to Canon 4(G) regarding the practice of law. He maintains that he could not take steps to be removed as administrator of the estate without practicing law in violation of Canon 4(G). He also contends that the Commission’s finding that he served in |na fiduciary capacity is supported only by evidence that he failed to perform any duties he may have owed the estate as a fiduciary.
As with the Canon 4(G) issue, Judge Simes’s argument and the arguments of the dissent are unpersuasive on this point. The fact that he was negligent or inadequate in performing his duties as administrator of the estate does not change the fact that he continued to be the court-ordered administrator of the Chandler Estate after he became a circuit judge. Also, as already mentioned, he received rent payments, filed them away, and then requested fees as the administrator after he took the bench. The Commission’s findings on this point are not clearly erroneous.
The dissent argues that Judge Simes, after assuming the bench, was only imprudent and unprofessional when he received the Chandler Estate rental checks and filed them away without distribution. The dissent further advocates that Judge Simes’s actions were merely negligent acts and did not constitute a service to the estate as either lawyer or administrator. We disagree. The acts of receiving multiple rental checks on behalf of the estate *79while on the bench and then filing them in some fashion were actions taken in Judge Simes’s dual roles as attorney and fiduciary. His imperfect subsequent performance with regard to the checks cannot operate as a defense to his initial receipt and filing of the checks. Nor can we agree that Judge Simes did not appreciate the fact that he was acting as both lawyer and administrator for the estate. Judge Simes manifestly recognized that he was acting in both roles when he petitioned Judge Arnold for fees for acts done in both capacities.
liJII. Appearance of Impropriety
The Commission further found that Judge Simes violated Canon 2’s requirement that he “avoid impropriety and the appearance of impropriety in all the judge’s activities.” First, Judge Simes does not address this finding in his initial brief, although he does take issue with the finding in his reply brief.
Canon 2 provides that “a judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.” The commentary to Canon 2 further reads:
Actual improprieties under this standard include violations of the law, court rules or other specific provisions of this code. The test for appearance of impropriety is whether the conduct would create in reasonable minds a perception that the judge’s ability to carry out judicial responsibilities with integrity, impartiality, and competence is impaired.
(Emphasis added.) Because we have followed the Commission’s recommendations with respect to the Canon 4(E) and 4(G) violations to the effect that there was actual impropriety on the part of Judge Simes, we accept the Commission’s recommendation with respect to Canon 2 as well. In addition, as a result of Judge Simes’s actions, the Chandler Estate was inadequately represented for many years, the heirs of the estate were forced to take legal action against Judge Simes, and Judge Simes was ordered to pay a substantial amount of money, including interest, to the estate for the rental checks that he mishandled. These facts, | ^without question, created the appearance, in reasonable minds, that Judge Simes was unable to perform his duties with integrity, impartiality, and competence.
IV. Due Process
A. Rule 8(D) Violation
Judge Simes strongly asserts that his procedural and substantive due-process rights were violated because the Commission failed to comply with its own rules by not notifying him within 90 days of receipt of the first complaint made against him on the Chandler Estate. Judge Simes specifically maintains that there were multiple complaints with respect to his involvement in the Chandler Estate before Ashley Higgins’s letter was received by the Commission in March 2006. Judge Simes also adds that Commission staff “opened an investigation and monitored the proceedings before Judge Bell and Judge Arnold, as attorneys practicing in the First Judicial Circuit continued to file complaints on the Chandler matter.”
As Judge Simes rightly notes, state judges have protected due-process rights, the basic components of which are fairness, meaningful notice of charges, and a meaningful opportunity to defend oneself. See Anderson v. State, 266 Ark. 192, 683 S.W.2d 14 (1979). According to Judge Simes, the Commission’s actions in the instant case violated his due-process rights and its own Rule 8, which in 2006 read, in part:
*80 Mandatory Notice to the Judge. Except upon good cause shown and with the approval of the Commission, no action other than dismissal of the complaint shall be taken as to any complaint about which the judge is not notified within ninety (90) days of the receipt of such complaint.
114Ark. Discipline & Disability R. 8(D) (2006) (amended on March 13, 2008, to delete the 90-day requirement).
On this point, Judge Simes claims that the Commission received complaints regarding the Chandler Estate in May 2004 from Attorney Charles Halbert in reference to case 04-206; in January 2005 from Attorney Murray; in October 2005 from Stark Ligón; and on March 20, 2006 from Higgins.7
The Commission concedes the following in its brief before this court:
• It received information concerning Judge Simes’s conduct in the matter of the Chandler Estate prior to the filing of the formal complaint, including correspondence from Stark Ligón.
• Its investigator, Lance Womack, made “preliminary inquiries concerning this matter when information concerning the Judge’s continuing involvement with the estate was disclosed during other investigations. Womack interviewed Jesse Daggett, the attorney hired by the Chandler family.
• As part of an investigation into another complaint filed by Todd Murray, it contacted Judge Bell concerning the Chandler Estate. The Commission sent a letter to Judge Bell inquiring into the status of the estate and requesting a copy of the final accounting Judge Simes was ordered to make.
11fiThe Commission contends, however, that it was “simply involved in the investigation of information or inferences before opening a case against Judge Simes, reflecting [its] obligation not to proceed with the disciplinary process without proper investigation and evaluation of the information forwarded to it.”
The question for this court to decide is whether the information brought to the attention of the Commission before the Higgins letter were “complaints,” which resulted in “action” within the meaning of former Rule 8(D). If so, Judge Simes maintains that he received no notice of such complaints by the Commission within ninety days, and, thus, the complaints must be dismissed. The Rules do not define “complaint,” but reference “any information submitted by a complainant or otherwise brought to the attention of the Commission.” Ark. Jud. Discipline & Disability Comm’n R. 8(A). Former Rule 8(C) was titled “Optional Notice to the Judge” and provided that “[njotice to the judge that a complaint has been received or an inquiry undertaken may be given at any time.” Ark. Jud. Discipline & Disability Comm’n R. 8(C) (2006).
On February 22, 2005, Charles Halbert wrote a letter to the Commission complain*81ing of Judge Simes’s actions following West Helena Mayor Johnny Weaver’s complaint against Judge Simes relating to fired police chief Vincent Bell, case OS-123.8 At the conclusion of that letter, Mr. Halbert wrote:
lifiI am aware of other irregular and inappropriate judicial conduct on behalf of this judge. I have attached for your review, a copy of the pleadings filed in the estate of Quincy Chandler, Phillips County Probate No. P-76-10A. Those pleadings speak for themselves.
Also, as was already noted, the Commission received a forwarded copy of the complaint Judge Arnold sent to the CPC in October 2005. The record does not reflect that Judge Simes was notified within ninety days of the Halbert letter or of the CPC communication.
Rule 7(A) provides that “any action” taken by the Commission after investigation shall be communicated to the judge. Specifically, the rules contemplate an investigation before action, whether that action be an admonishment to the judge or formal charges. It is clear to this court that any investigation following the Halbert letter or the CPC letter did not lead to action by the Commission, as contemplated by Rules 7(A) and 8(D).
It was only after the Ashley Higgins letter to the Commission dated March 11, 2006, that “action” in the form of formal charges, termed statement of allegations, was taken against Judge Simes. Judge Simes, however, had been notified of the Higgins complaint by the Commission’s letter dated March 27, 2006, within the ninety days required by Rule 8(D).
Judge Simes complains that had he known about a pending complaint against him, he would have acted differently before Judge Arnold and with regard to the Consent Order made with the Committee on Professional Conduct. We give this argument little credence. Again, communications with the Commission by Mr. Halbert or Mr. Ligón, which occurred before the Higgins letter dated March 16, 2006, simply did not require notice to Judge Simes because they did not result in “action” by the Commission following an investigation. While the 117Commission admittedly failed to notify Judge Simes within ninety days of the Halbert and CPC complaints, no action was taken against the judge in the form of an admonishment or formal charges based on those complaints. This did not, however, preclude the Commission from taking formal action after the filing of a subsequent complaint, like the Higgins letter in the instant case, where notice was properly given.
In sum, no action was taken against Judge Simes as a result of the Halbert letter or of the letter from the CPC. The triggering complaint for mandatory notice was the Higgins letter because that letter did lead to action by the Commission with its Statement of Allegations, and the notice to Judge Simes in that instance was timely. We hold that no violation of the ninety-day rule occurred and, hence, no dismissal was warranted under Rule 8(D) based on these facts.
B. Rule 9 Violation
Judge Simes also argues that the Commission violated Rule 9(C) by failing to schedule a probable-cause determination promptly after the Higgins letter was received in March 2006. The Commission responds that Judge Simes was required, *82under Rule 8(H), to respond to the Higgins complaint within twenty days of receiving notice of it. That notice was by letter from the Commission, dated March 27, 2006. According to the Commission, Judge Simes did not file an answer until March 13, 2008, almost two years after receiving notice of the complaint.
|,sWe initially believe the Commission’s argument on this point is misleading. In 2006, its rules provided that “after initial investigation and evaluation” of the original complaint, the Commission was required to determine whether there was sufficient cause to proceed and then either (1) to ask the complainant to file a “detailed, signed, sworn complaint” against the judge, or (2) to have the director prepare a statement of allegations. Ark. Jud. Discipline & Disability Comm’n R. 8(E) (2006). The Rules stated that the Commission was to serve the judge immediately with a copy of the sworn complaint or statement of allegations by the Commission’s director. Id. R. 8(G). After receiving a copy of the sworn complaint or statement of allegations, the judge was required to file a written answer within twenty days. Id. R. 8(H). Rule 9(C) also required the Commission to schedule a probable-cause determination promptly after either a sworn complaint or statement of allegations from the director.
The Commission’s argument before this court implies that its March 27, 2006 letter to Judge Simes regarding the unsworn Higgins complaint triggered Rule 8(H)’s requirement that Judge Simes respond within twenty days. The record makes clear, however, that the March 27, 2006 letter did not include a sworn complaint or statement of allegations. In fact, the letter expressly said that “there is no requirement that you respond to the allegations in this complaint.” Judge Simes is correct that the Commission did not serve him with a statement of allegations from the director until January 30, 2008, and did not hold a probable-cause hearing until March 21, 2008.
^Nevertheless, Judge Simes’s due-process argument on this point must fail. We first believe it fails because the Rules contemplate a prompt probable-cause hearing after a sworn complaint or statement of allegations, and not from the date of the unsworn Higgins complaint.9 This was done. The statement of allegations was prepared by the director and considered by the Commission at a meeting on January 18, 2008. Judge Simes was then notified by letter, dated January 30, 2008, that the Commission had decided to proceed to a probable-cause determination, which was set to occur on March 21, 2008.
There is no question that a significant delay occurred between the Higgins complaint of March 16, 2006, and the preparation of the statement of allegations in January 2008. The question, then, is whether that delay prejudiced Judge Simes.
Judge Simes argues that- he was prejudiced by this delay because Lazora Cor-bin’s granddaughter, Daphane Barksdale-Arp, disappeared during that time, and he was unable to call her as a witness. He makes the conclusory statement that Ms. Barksdale-Arp “could have provided detail [sic] information about what happened to Lazora Corbin and, among other things, why she did not follow through with her intent to replace Judge Simes as the lawyer for the estate.” It is clear to this court, however, that whatever may have *83motivated Ms. |2nCorbin’s actions did not change Judge Simes’s obligations under the Code of Judicial Conduct. Judge Simes’s misconduct was purely the result of his actions and inactions.
Judge Simes’s argument on this point is also unsupported and undeveloped. In Thompson, this court declined to address a due-process challenge by then-Judge Thompson where it was not sufficiently developed with citation to authority. 341 Ark. at 274, 16 S.W.3d at 223. Despite the Commission’s lengthy delay in preparing a statement of allegations against Judge Simes, he unquestionably received notice of the Higgins complaint in a timely manner. Moreover, Judge Simes shows this court no prejudice to him caused by this delay, and, accordingly, we reject his due-process argument on this point.
C. Bias and Misconduct by Commission Staff
Judge Simes further claims that the Commission’s Findings and Recommendations were “predetermined and tainted by the bias and misconduct of the staff and Commission members.” Judge Simes supports this allegation by saying that the Commission violated its own rules, “clustered” this case with others, and arbitrarily allotted Judge Simes only ninety minutes to present his case, among other allegations. Judge Simes adds that the Commission’s investigator, Lance Wom-ack, “attempted to evade responding truthfully” at the hearing.
We hold that these arguments are without merit. As previously discussed, the Commission did not violate its rules. Furthermore, the record shows that the Commission permitted Judge Simes to postpone many hearings and attempted to accommodate his schedule so that he and his lawyers could present their case in full. Judge Simes was, in fact, Li given longer than ninety minutes to present his case. Moreover, Judge Simes concedes that Lance Womack “eventually did disclose the information sought to be elicited.”
V. Sanction
To summarize, this court agrees with the Commission that Judge Simes violated Canons 4(E), 4(G), and 2 of the Code of Judicial Conduct. We further reject Simes’s arguments that his due-process rights were violated based on failure to notify him of a complaint within ninety days, that the Commission violated Rule 9, and that the proceedings were tainted by bias and misconduct on the part of the Commission’s staff. The question now is whether the court should adopt the recommendation that Judge Simes be permanently removed from the bench.
As an initial matter, the facts of this case are distinguishable from those in the Thompson case, which is the only case where this court has permanently removed a sitting judge from the bench since the Commission was established.10 In Thompson, the court listed the following facts that are to be considered in removal cases:
(a) whether the misconduct is an isolated instance or evidenced a pattern of conduct;
(b) the nature, extent and frequency of occurrence of the acts of misconduct;
¡a(c) whether the misconduct occurred in or out of the courtroom;
(d) whether the misconduct occurred in the judge’s official capacity or in his private life;
*84(e) whether the judge has acknowledged or recognized that the acts occurred;
(f) whether the judge has evidenced an effort to change or modify his conduct;
(g) the length of time of service on the bench;
(h) whether there have been prior complaints about this judge;
(i) the effect the misconduct has upon the integrity of and respect for the judiciary; and
(j) the extent to which the judge exploited his position to satisfy his personal desires.
341 Ark. at 278-79, 16 S.W.3d at 226 (citing Disciplinary Proceedings Against Anderson, 138 Wash.2d 830, 981 P.2d 426 (1999)).
In the case before us, the misconduct regarding Judge Simes’s handling of the Chandler Estate does not evidence a pattern of misconduct. While the Chandler Estate was ongoing for many years, there is no allegation that Judge Simes practiced law or served as a fiduciary in any other cases. Furthermore, the misconduct in the Chandler Estate did not occur in the courtroom. We recognize that there are other pending matters before the Commission involving Judge Simes, but because they have not been resolved at this juncture, we will not consider them.
On the other hand, Judge Simes has not accepted responsibility for any wrongdoing in the Chandler Estate, other than agreeing to a caution by the CPC, and he has a history of sanctions against him. On October 15, 2004, Judge Simes received a Public Informal Adjustment from the Commission because he appeared in his robes on the cover of a music CD he sold for profit, which was an exploitation of his position to satisfy personal desires. On | s^May 23, 2006, the Commission filed a Letter of Admonishment against Judge Simes for personally soliciting campaign funds during his 2004 reelection campaign, which was misconduct occurring in Judge Simes’s official capacity.11 Finally, on November 21, 2008, Judge Simes received a Letter of Reprimand from the Commission for failing to enter an order promptly in an election case. The Commission also found that his explanations for his conduct in the instant case “were not to be believed.”
Former Judge Thompson, in his case, had committed many serious violations, including:
• Failing to honor a subrogation contract he and his client had executed with an insurance company (in the amount of almost $30,000).
• Failing to properly report his outside income and financial interests to the clerk of the Arkansas Supreme Court and the Secretary of State, in violation of Canon 4 and Arkansas Code Annotated sections 21-8-203 and 204(b).
• Issuing over fifty-nine insufficient checks from his operating fund over a period of five years and refusing to compensate the payees until the prose-*85eutor’s office threatened to issue a warrant.
• Failing to pay his 1994 federal personal income tax, despite being financially able to do so.
• Operating a motor vehicle with a fictitious license plate, in violation of Arkansas Code Annotated section 27-14-806.
• | ^Depositing client funds in a personal account, rather than an identifiable trust account.
It is clear that in the instant case, the misconduct of Judge Simes does not rise to the level of misconduct engaged in by then-Judge Thompson.
We conclude that , the conduct of Judge Simes does not warrant permanent removal from the bench. We conclude further that the more appropriate sanction for his conduct is suspension without pay. The suspension will continue until the end of his term on December 31, 2010, after which time the newly elected judge will assume the bench. We do not foreclose the possibility of Judge Simes running for reelection in 2010. However, during the period of suspension until December 31, 2010, Judge Simes shall be prevented from the practice of law because he is a judge, albeit a suspended one. Judge Simes, of course, can resign and vacate his judgeship at any time, which would allow him to practice law.
Order of suspension entered. Motion to strike extraneous material from record denied.
Special Justice RON SHEFFIELD joins in this opinion.
HANNAH, C.J., and CORBIN, J., concur in part and dissent in part.
DANIELSON, J., dissents in part and concurs in part.
WILLS, J., not participating.
