§ 16-10-404 - Duties -- Records.
16-10-404. Duties -- Records.
(a) The Judicial Discipline and Disability Commission shall initiate or shall receive information, conduct investigations and hearings, and make recommendations to the Supreme Court concerning:
(1) Allegations of judicial misconduct;
(2) Allegations of physical or mental disability of judges requiring leave or involuntary retirement; and
(3) Matters of voluntary retirement or leave for disability.
(b) (1) Investigatory records, files, and reports of the commission are confidential, and no disclosure of information, written, recorded, or oral, received or developed by the commission in the course of an investigation related to alleged misconduct or disability of a judge shall be made except as follows:
(A) Upon waiver in writing by the judge at any stage of the proceedings;
(B) Upon inquiry by an appointing authority or by a state or federal agency conducting investigations on behalf of such authority in connection with the selection or appointment of judges;
(C) In cases in which the subject matter or the fact of the filing of charges has become public, if deemed appropriate by the commission, it may issue a statement in order to confirm the pendency of the investigation, to clarify the procedural aspects of the proceedings, to explain the right of the judge to a fair hearing, and to state that the judge denies the allegations;
(D) Upon inquiry in connection with the assignment or recall of a retired judge to judicial duties, by or on behalf of the assigning authority;
(E) Upon the commission's taking final action with respect to a complaint about a judge, notice of the final action shall become public information;
(F) Where the circumstances necessitating the initiation of an inquiry include notoriety, or where the conduct in question is a matter of public record, information concerning the lack of cause to proceed shall be released by the commission;
(G) If, during the course of or after an investigation or hearing, the commission reasonably believes that there may have been a violation of any rules of professional conduct of attorneys at law, the commission may release such information to any committee, commission, agency, or body within or outside of the state empowered to investigate, regulate, or adjudicate matters incident to the legal profession; or
(H) If, during the course of or after an investigation or hearing, the commission reasonably believes that there may have been a violation of criminal law, the commission shall release such information to the appropriate prosecuting attorney.
(2) All proceedings held prior to a determination of probable cause and the filing of formal charges shall be confidential. Any hearing scheduled after the filing of formal charges shall be open to the press and to the public, except that following the completion of the introduction of all evidence, the commission may convene to executive session for the purpose of deliberating its final conclusions and recommendations, provided that, upon completion of the executive session, the final action of the commission shall be announced in an open and public session.
(3) The commission is authorized to request the appropriate prosecuting authorities to seek to obtain immunity from criminal prosecution for a reluctant witness using the procedure outlined in 16-43-601 et seq.