DISPOSITION OF PANEL REPORT

(a) Dismissal by Chief Justice. If the Panel report concludes that the complaint does not allege misconduct or disability of the kind stated in the Constitution or, after investigation, does not find probable cause to proceed, a copy of the report shall be delivered by the Clerk to the Chief Justice within 4 Last amended effective March 6, 2018 10 days for review and action. The Chief Justice shall either dismiss the complaint or shall take further action, sua sponte, as outlined in paragraph (b) hereof. If the Chief Justice dismisses the complaint, the Clerk shall promptly deliver a copy of the order of dismissal and the Panel’s report to the complainant, to the judicial officer, to the Panel, and to the Court. If a complaint has been dismissed, the allegations made in that complaint shall not be used for any purpose in any judicial or lawyer disciplinary proceeding against the judicial officer, except that a dismissed complaint (whether dismissed sua sponte or dismissed after a Panel report) may be considered to determine if the judicial officer has engaged in a pattern of misconduct. If additional information becomes known regarding a complaint that has been dismissed, the allegations may, upon referral by the Chief Justice, be reinvestigated by a newly designated Panel. (b) Finding of Probable Cause. If the Panel finds that there is probable cause to believe that the judicial officer may be subject to sanction or retirement, or if the Chief Justice, sua sponte, determines that the record includes a basis for such action, the Clerk shall deliver a copy of the Panel’s report and a copy of any such determination by the Chief Justice to the Court, to the judicial officer, and to the complainant. (c) Discipline by Consent. If the Panel recommends discipline by consent under Rule 12, the proceeding shall be governed by Rule 12. (d) Action without Board. If the judicial officer shall have admitted the misconduct or disability reported by the Panel but shall not agree to discipline by consent under Rule 12, the report of the Panel shall be considered directly by the Court under Rule 15.