Rule 37 Medical Examination and Waiver of Privilege
Rule Text
(a) Medical Examination. When a complaint is received alleging, or where an initial inquiry or investigation reveals, that the Subject Judge is or may be incapacitated by reasons of a disability, and the Investigator finds good cause to do so, the Investigator may request the Subject Judge to undergo medical certification or fitness-for-duty evaluation. The Subject Judge shall furnish the certification within sixty (60) days from the request.
(b) Waivers. The Investigator may draft waivers and releases which are necessary to authorize receipt of all medical records, reports, and information from any medical person, medical institution, or other facility regarding the Subject Judge’s physical or mental condition.
(c) Effect of Denial. If the complaint involves the physical or mental condition of the Subject Judge, a denial of the alleged condition shall constitute a waiver of relevant privilege the Subject Judge may have that would preclude the discovery of relevant medical records or the request for a physical or mental examination related to the allegations of the complaint.