Rule 19 Confidentiality, Privilege, and Oath
Rule Text
(a) Proceedings Confidential. All papers and pleadings filed with and proceedings before the Supreme Court shall be confidential. The proceedings lose their confidential nature when the Supreme Court accepts or modifies an Investigator’s recommendation and issues a Formal Hearing.
(b) Privileged Material. The filing of papers with, or giving of testimony before the Investigator or Supreme Court regarding a matter of judicial discipline, shall be considered privileged communications and cannot be the subject of any legal action, including a defamation claim, against a Subject Judge in a disciplinary proceeding. Writing which was privileged prior to its filing does not lose its privilege by the filing.
(c) Disclosure. Confidential information concerning a judge may be released by the Supreme Court in the following circumstances:
(1) An inquiry is initiated as a result of conduct that is or becomes the subject of widespread public concern, to such an extent that the release of information concerning insufficient cause to proceed or a finding of no misconduct would benefit the judge and the public, and the judge signs a waiver for this purpose;
(2) A government agency, nominating commission, or agency authorized to investigate for purposes of admission to a state bar requests information concerning the appointment of a judge or former judge to another judicial position, and the judge signs a waiver for this purpose;
(3) The Chief Justice of the Supreme Court requests information pertaining to the appointment or assignment of a retired judge to judicial duties; or
(4) A new complaint is being investigated and there is a closed file on a previous complaint. In this case, the closed file shall be released to the Investigator.
(d) Oath of Witnesses. Every witness in a proceeding under these rules shall not disclose the existence of the proceeding or the identity of the Subject Judge until the proceeding is no longer confidential under these rules. Violation of the oath shall be an act of contempt, punishable as permitted by law. V. HEARING PROCEDURES