Order ¶ 6

The Committee shall receive and may initiate complaints concerning the performance or misconduct of any judge on the Supreme Judicial Court, the Superior Court, the District Court, or the Probate Courts. The Committee shall make an initial assessment of a complaint based on its content and on any further information from the complainant or from court records of cases involved in the complaint. In special circumstances where the nature of the allegations suggests that prior notice to the person complained against might create a significant risk of compromising the Committee’s ability to obtain information necessary to accurately assess the complaint, the Committee may conduct a preliminary investigation, but not involving the use of subpoena power, and designed, to the extent practical, to preserve the confidentiality of the complaint and of the preliminary investigation. Unless the complaint is dismissed on the basis of information from the complainant, from the court records, or from any preliminary investigation, the Committee or its designee shall communicate the complaint to the person complained against and shall provide such person with a copy of any written complaint. The person complained against shall have reasonable opportunity to respond. The Committee shall conduct such further investigation as it deems fit. At any stage of such further investigation the Committee shall have subpoena power and may require a person to appear or produce evidence before the Committee, or before its legal counsel or other designee as designated by the Committee through its chairperson, and to provide evidence under oath. If the Committee determines that the complaint is unfounded, the Committee shall dismiss the matter, notifying the person complained against and any complainant of its actions.