Rule 11 Grievances – Investigations

(a) If the Commission determines that a grievance sets forth allegations that may provide

grounds for discipline or removal, it shall initiate an investigation for the purpose of

determining whether good cause exists to institute formal proceedings. In determining

whether good cause exists to institute formal proceedings, the Commission may hold a

meeting with or without provision of notice or other information to the judge.

(b) Upon initiating an investigation, the Commission shall send the judge a copy of the

grievance, or a synopsis of matters to be investigated. The judge shall thereafter have

reasonable opportunity to provide a statement to the Commission as the judge considers

appropriate. The judge may make the statement personally or through counsel, verbally or

in writing, and the statement may or may not be given under oath. In exercising this right

to respond, the judge shall not have the right to call witnesses nor to confront nor cross-

examine the person making the grievance or any person interviewed by the Commission

or its duly authorized representative. The Commission may, in its discretion, require that

the judge provide a response. After notification from the Commission, if the judge does

not respond within a reasonable time or within the time fixed by the Commission, the right

to make a responsive statement shall be deemed waived.

(c) In conducting an investigation, the Commission shall have the authority to issue subpoenas

for witnesses to appear before the Commission or its representative for the purpose of

making a sworn statement and may also issue subpoenas for the production of books,

papers and other evidence that may be pertinent to the Commission’s inquiry.

(d) Whenever the Commission concludes that facts developed upon initial investigation fail to

show good cause for the initiation of formal disciplinary proceedings, the Commission

shall dismiss the grievance, terminate the inquiry, and so advise the grievant and the judge.

At the same time, the grievant shall be informed of the confidentiality provisions of Rule

7.