17.1-912 - Physical or mental examination.
§ 17.1-912. Physical or mental examination.
A. Whenever the Commission has probable cause to believe a judge is unable toperform his duties as a judge because of excessive use of alcohol or drugs orphysical or mental illness, the Commission, after preliminary investigationby informal conference, may direct that the judge submit to a mental orphysical examination by a health care provider approved by the Commissionafter consultation with the judge. The health care provider's report shall bein writing. Upon request, the judge shall provide the Commission with allwaivers and releases necessary to authorize the Commission to receive allmedical records, reports, and information from any health care providerregarding the judge's mental or physical condition.
B. Any judge ordered to be examined pursuant to this section shall beafforded reasonable notice and an opportunity for a hearing before suchexamination is conducted as to any matters regarding the examination and asto whether there is probable cause to believe that the judge is unable toperform his duties as a judge because of excessive use of alcohol or drugs orphysical or mental illness. During such hearing, the judge shall have theright to call witnesses on his behalf.
C. All costs related to examinations conducted at the direction of theCommission shall be paid out of sums appropriated for the operation of theCommission. The failure of a judge to submit to an examination orderedpursuant to this section or to provide waivers and releases required by thissection shall constitute grounds for a new charge.
(1998, cc. 672, 862, § 2.1-37.12:2; 2001, c. 844.)