Confidentiality and Privilege of Proceedings

(a) In General. Except as provided in paragraph (b), all papers filed with and proceedings before the Commission are confidential, and the filing of papers with, and the giving of testimony before the Commission are privileged. (b) Exceptions. (1) (2) (3) A formal hearing under Rule 5 and any evidence introduced during the formal hearing, including papers, records, documents, and pleadings filed with the clerk are public information. A judge or judicial candidate may elect to have any other hearing open to the public or to persons designated by the judge. If the Commission issues a public sanction, the record of the informal appearance and the documents presented to the Commission during the informal appearance that are not protected by attorney-client or work product privilege are public information. Page 23 (4) The disciplinary record of a judge or judicial candidate is admissible in a subsequent proceeding before the Commission, a special master, a Special Court of Review, or a Review Tribunal. (5) On the filing of a written request by a judge or judicial candidate, the Commission may release to the person designated in the request, including the judge or judicial candidate, the number, nature, and disposition of a complaint filed against the judge or judicial candidate with the Commission, except that the Commission may refuse to release the identity of a complainant. (6) (7) (8) (9) If the Commission issues an order suspending a judge who has been indicted felony or charged with an official-misconduct misdemeanor, the order, any withdrawal of the order, and all records and proceedings related to the suspension are public. for a The Commission may release to the Office of the Chief Disciplinary Counsel of the State Bar of Texas information indicating that an attorney, including a judge who is acting in the judge’s capacity as an attorney, has violated the Texas Disciplinary Rules of Professional Conduct. A voluntary agreement to resign from judicial office in lieu of disciplinary action by the Commission is public upon the Commission’s acceptance of the agreement. The agreement and any agreed statement of facts relating to the agreement are admissible in a subsequent proceeding before the Commission. An agreed statement of facts may be released if the judge violates a term of the voluntary agreement. Any sanction the Commission issues against a judge or judicial candidate for knowingly making a false declaration on an application for a place on the ballot as a candidate for a judicial office described by Section 141.0311 of the Election Code; any withdrawal of such sanction; and all records and proceedings related to the sanction are public information. (10) The Commission may provide information to the Sunset Advisory Commission as provided in Section 33.0322 of the Texas Government Code. (11) To protect the public interest, the Commission may disclose information relating to an investigation or proceeding to the following recipients if necessary for the recipient to perform an additional duty or function: (A) a law enforcement agency; Page 24 (B) a public official who is authorized or required by law to appoint a person to serve as judge; (C) the Supreme Court; or (D) an entity that provides Commission-ordered education to judges.