Comm. R. X Confidentiality, Communications, and Media Communications.

A. Every effort shall be made by members of the Commission to keep confidential the fact that a complaint has been made or that an investigation is taking place. All internal papers, correspondence, discussions, deliberations, and communications of the Commission are confidential and should not be disclosed to any person, including respondent judges, other than Commission members or staff. No statement may be issued by any member of the Commission, or by any staff member, or by Special Counsel, concerning a particular complaint or investigation, unless the statement is authorized by and made in accordance with La. Sup. Ct. Rule XXIII, Sec. 23. To the extent that this rule at any time conflicts with La. Sup. Ct. Rule XXIII, Sec. 23, La. Sup. Ct. Rule XXIII, Sec. 23 shall be controlling.

B. No Commission member shall have private communications with the Office of Special Counsel or any respondent judge about any pending open or investigation files outside of the presence of the full Commission.

C. No respondent judge or legal counsel shall contact a Commission member directly concerning any complaint, investigation, or pending Commission matter. All correspondence or other written communications to be provided to Commission members shall be addressed to the Chief Executive Officer or Commission Counsel for processing and response.

D. No Commission member may make or respond to contacts with the media, the general public, or persons involved in Commission proceedings concerning allegations, investigations or other Commission proceedings, or the administration of the Commission, unless so authorized by the Commission. Such contacts made to a Commission member should be referred to the Chief Executive Officer, who shall respond at his or her discretion, or direct his or her designee or the Supreme Court’s Deputy Judicial Administrator – Public Information & Community Relations to respond, with regard to matters that are not confidential. In the event of the unavailability of the Chief Executive Officer at the time a response should be made, the Chair may respond for the Commission. This policy does not preclude Commission members or the Commission’s specific designee from publicly discussing general, non-confidential matters concerning the Commission, unrelated to a specific case, such as its purpose, history, or composition.

E. Prior to a proceeding concerning the discipline of a judge being lodged in the Supreme Court by the Commission, pursuant to Supreme Court Rule XXIII, Sections 10 through 12, all inquiries from the media concerning a respondent judge should be forwarded to the Chief Executive Officer who may, if he/she so desires, refer the matter to a designee, including Commission Counsel or Special Counsel.

F. When sources other than the Commission cause notoriety concerning a judge or the Commission itself and the Commission deems that extreme circumstances dictate that the best interests of the judge or the Commission would be served, it may issue a public statement through its Chief Executive Officer. Such a statement shall never infringe upon Rule XXIII, Section 23 of the Rules of the Supreme Court of Louisiana that all documents, evidence, and proceedings before the Commission are to be confidential.

G. Subsequent to the filing of a proceeding in the Supreme Court concerning the discipline of a judge, pursuant to Supreme Court Rule XXIII, Sections 10 through 12, the members, staff, and Special Counsel of the Commission shall refer or forward all inquiries regarding that filing to the Chief Executive Officer, who may, at his or her discretion, refer the matter to a designee, which may include Commission Counsel or Special Counsel, for proper and timely response. In the event that Commission Counsel or Special Counsel is designated to make such a response, counsel shall comply with the provisions of Rule 3.6 of the Rules of Professional Conduct and La. R.S. 37, Ch.4, App. art. XVI.

H. The Commission, or any other person authorized by the Commission, may give an oath or affirmation of secrecy to any investigator, witness, clerk, deponent, or any other person involved in an investigation.