Rule 36 Incapacity Proceeding

If the complaint is found to be not frivolous, not unfounded, not solely appellate in nature, or not outside the jurisdiction of the court based on reasonable grounds, an Investigator shall be appointed pursuant to Rule 7. The Investigator shall conduct an incapacity proceeding to determine whether the Subject Judge suffers from a mental or physical condition. A determination of incapacity is not a disciplinary action; rather, it is intended to assess whether the Subject Judge has a physical or mental condition that adversely affects their ability to perform judicial duties.