Confidentiality

(a) Confidentiality, Generally. Except as expressly provided in subsection (b) of this rule, all complaints and related information received by the Commission, meeting materials and records, investigative files, documents and evidence relating to disciplinary and disability proceedings, private letters of caution, informal advisory opinions, and all documents and communications related to any of 10 TOC Rule 6 the foregoing are confidential. Commission meetings and deliberations, disciplinary and disability hearings, and work product of the Commission and its staff are also confidential and shall not be disclosed. (b) Exceptions to Confidentiality. (1) Action by the Supreme Court. Upon the public reprimand, censure, suspension, or removal of a judge by the Supreme Court in a disciplinary or disability proceeding, the pleadings, the Commission’s recommendation, and the record filed in support of the recommendation are no longer confidential. All other the complaint, documents and investigation, and disciplinary or disability proceeding shall remain confidential. information relating to (2) Waiver. Upon an express written waiver by a judge, the Commission may disclose documents or information specified by the judge in the written waiver. Waiver shall not be implied, and a partial waiver as to the specified documents or information shall not constitute a waiver as to other Commission documents and information. (3) Action by the Commission. In a case in which a complaint filed with the Commission is made public by the complainant, the judge involved, independent sources, or by rule of law, the Commission may issue statements of clarification and correction as it deems appropriate in the interest of maintaining confidence in the administration of justice. The statements may address the status and procedural aspects of the proceeding, the judge’s right to a fair hearing in accordance with due process requirements, and any official action or disposition by the Commission. The Commission may also disclose facts and documents as necessary to notify another person or agency of potential threats to public safety or the administration of justice, or as otherwise authorized by these rules. A private letter of caution issued pursuant to Rule 11 may also become public if included in a record that becomes public pursuant to subsection (b)(1) of this rule. (c) Improper Disclosure of Confidential Information. (1) No person shall disclose confidential documents or information obtained from the Commission unless confidentiality has ceased in accordance with subsection (b) of this rule. (2) A person violating the confidentiality requirements in these rules may be held in contempt pursuant to Rule 4. History Note. 374 N.C. 960. 11 TOC Rule 7