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Confidentiality All investigatory records, files, reports of the Commission and proceedings before the Commission are confidential unless the judge, in writing, waives confidentiality or one of the narrow statutory exceptions allows the Commission to make a limited disclosure. Any action taken by the Commission, such as dismissal of a complaint, admonition or other sanction of a judge or the filing of formal charges against a judge, becomes public information. Legislation enacted in 1993 added to the limited exception. It provides that where the Commission reasonably believes there has been a violation of the rules of professional conduct of attorneys, that matter may be released to the Professional Conduct Committee for their review; and where the Judicial Discipline and Disability Commission reasonably believes that there may have been a violation of criminal law, the Commission records reflecting such action shall be released to the appropriate prosecuting attorney. The Commission endeavors to assure that its investigations are conducted as confidentially as possible. Complainants and others who provide information during an investigation may request that their identity not be disclosed to the judge. That request normally may not be granted as it would be inconsistent with fairness to the judge and others. Confidentiality is important not only to protect the judges from unfounded charges and complainants from possible retaliation, but also to protect the integrity of the investigation.
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