Rule 23 Proceedings Confidential; Exceptions to Confidentiality; Public Release of Information

(a) Proceedings. — Unless otherwise permitted by these rules, or unless revealed in public documents or a public hearing, all proceedings before the Commission and all information, communications, materials, papers, files, and transcripts, written or oral, received or developed by the Commission in the course of its work, shall be confidential. No member of the Commission or its staff and no employee or agent of the Commission, disciplinary counsel and disciplinary counsel’s staff, no attorney, and no testifying witness shall disclose such proceeding, information, communications, materials, papers, files, or transcripts, except in the course of official duty or as otherwise authorized by these rules. Any violation of the provision for confidentiality shall constitute an act of contempt and be punishable as such. Any violation by any person of the requirements of confidentiality shall be dealt with in accordance with these rules, and the Commission may refer any violation to the appropriate tribunals, authorities, agencies, commissions, or bodies. The deliberations of the Commission, whether oral or written, shall always remain confidential.

(b) Supreme Court proceedings. — A recommendation filed by the Commission with the Wyoming Supreme Court loses its confidential character upon its filing, subject to the procedures, rules or orders of the Court. However, the record which is the basis of the recommendation remains confidential unless otherwise ordered by the Court.

(c) Private correction or censure. — In the event of a private correction or censure, except when the complaint was initiated by a member of the Commission or by the Commission, the complainant shall be advised in general terms that appropriate corrective action has been taken. In the event that a complaint has been dismissed, except when the complaint was initiated by a member of the Commission or by the Commission, the complainant shall be advised that the matter has been closed. The Commission may, in its discretion, release statistical information that does not identify judges whose cases are confidential.

(d) Exceptions to confidentiality. — The Commission may release otherwise confidential information under the following circumstances:

(1) Statistical information relating to the number of complaints filed, the general disposition of cases, and similar statistical information that does not identify judges or confidential facts of an individual case;

(2) When the judge who is the subject of the complaint, or who has been disciplined, consents in writing to the disclosure;

(3) When the Commission determines there is good cause to believe other judges may make similar errors and the disclosure serves an educational purpose, and the disclosure can be made without directly or indirectly identifying the judge;

(4) When the Commission becomes aware of potential violations of law by a judge or by any other individual or entity, it may refer the potential violations to the appropriate authorities.

(5) The Commission may disclose information to any committee, commission, agency, or body within or outside the State of Wyoming empowered to investigate, regulate, or adjudicate matters incident to the legal profession. However, except in matters of criminal conduct, the Commission shall send the judge a copy of all documents or other matters disclosed.

(6) The Commission may disclose information upon inquiry by any state or federal appointment authority, committee, commission, agency, or body empowered to conduct investigations in connection with the selection or appointment of judges.

(7) In any pending case in which the subject matter of an investigation, proceeding, or determination becomes public through independent sources or through a waiver of confidentiality by the judge, or in extreme circumstances when the confidence of the public in the judiciary is involved, or when the interests of the judge involved would be adversely affected, or when the interests of the Commission would be adversely affected, the Commission may issue statements to confirm:

(A) the pendency of an investigation,

(B) to explain the process,

(C) to explain the right of the judge to a fair hearing without prejudgment, and/or,

(D) to state that the judge denies the allegations,

(E) the statement shall first be submitted to the judge involved for comment or criticism prior to its release, but the Commission, in its discretion, may release the statement as originally prepared or as the Commission deems appropriate.

(8) Any other public statement by the Commission which directly or indirectly identifies the judge shall first be submitted to the Wyoming Supreme Court for its approval, with an explanation why the Commission believes the presumption of confidentiality is overcome.

(e) Notices, pleadings, documents, correspondence, and communications. — All notices, pleadings, documents, letters, and papers mailed or otherwise transmitted in any form directed to a judge, counsel for a judge, members of the Commission, staff of the Commission, disciplinary counsel, or any other person or entity pursuant to these rules shall be enclosed in a cover marked “Personal and Confidential”.

(f) Oath of witnesses. — Every witness in every proceeding under these rules shall be sworn to tell the truth and not to disclose the existence of the proceeding or the identity of the judge until the proceeding is no longer confidential under these rules. Violation of the oath shall be an act of contempt and punishable as such.

(g) Review of file contents. — Investigatory panel members shall have the authority to investigate facts through letters, information obtained by subpoena and other means of inquiry directed to the complainant, the judge, court officials, attorneys and all others. The investigatory panel may, in its discretion, share the information and responses with the parties. Otherwise, the confidentiality of these matters as provided by these rules shall apply.