Rule 6 Status of Documents and Proceedings/confidentiality And
Rule Text
DISCLOSURE
a. Documents filed with the Commission and the investigation conducted by the Commission prior to a hearing pursuant to ORS 1.420 or 1.425 shall not be public records unless received as competent evidence in the course of a public hearing pursuant to ORS 1.420. The decision of the Commission after hearing or upon review of the record and report of masters shall be public records, together with the recommendations, if any, of the Commission to the Supreme Court. The decision of the Commission after hearing or upon review of the record and report of the masters under ORS 1.425 shall not be a public record, except for a decision and recommendation to the Supreme Court under ORS 1.425(4)(b).
b. Documents filed and testimony given in proceedings under ORS 1.420 and 1.425 are privileged communications which may not be received in evidence in any judicial proceedings other than those directly connected with the administration of ORS 1.410 to 1.480 unless expressly or impliedly waived by the person tendering the document to or testifying in such proceedings or except in a criminal prosecution for perjury or false swearing before the Commission
c. Members of the Commission, masters appointed pursuant to ORS 1.420 or 1.425 and staff of the Commission shall not disclose or use any investigation testimony or documents, which are not public records as defined in ORS 1.410 to 1.480, for any purpose other than in connection with their official duties in the administration of ORS 1.410 to 1.480. The Commission may, upon the request of a judge who has been the subject of a complaint not brought to hearing, state the disposition of the complaint and the reasons for its decision when the Commission finds that the complaint has been publicized and fairness requires such comment.
d. All notices, papers, and pleadings mailed to a judge or a complainant pursuant to these rules shall be enclosed in an envelope marked “confidential”.
e. Notwithstanding Rule 6(a), when the Commission receives information concerning a threat to the safety of any person or persons, information concerning such threat may be provided to the person or persons threatened, to persons or organizations responsible for the safety of the person or persons threatened, and to law enforcement and/or any appropriate prosecutorial agency.