– Grievances – Investigations

(a) If the Commission determines that a grievance sets forth allegations that may provide grounds for discipline or removal, it shall initiate an investigation for the purpose of determining whether good cause exists to institute formal proceedings. In determining 11 whether good cause exists to institute formal proceedings, the Commission may hold a meeting with or without provision of notice or other information to the judge. (b) Upon initiating an investigation, the Commission shall send the judge a copy of the grievance, or a synopsis of matters to be investigated. The judge shall thereafter have reasonable opportunity to provide a statement to the Commission as the judge considers appropriate. The judge may make the statement personally or through counsel, verbally or in writing, and the statement may or may not be given under oath. In exercising this right to respond, the judge shall not have the right to call witnesses nor to confront nor cross- examine the person making the grievance or any person interviewed by the Commission or its duly authorized representative. The Commission may, in its discretion, require that the judge provide a response. After notification from the Commission, if the judge does not respond within a reasonable time or within the time fixed by the Commission, the right to make a responsive statement shall be deemed waived. (c) In conducting an investigation, the Commission shall have the authority to issue subpoenas for witnesses to appear before the Commission or its representative for the purpose of making a sworn statement and may also issue subpoenas for the production of books, papers and other evidence that may be pertinent to the Commission’s inquiry. (d) Whenever the Commission concludes that facts developed upon initial investigation fail to show good cause for the initiation of formal disciplinary proceedings, the Commission shall dismiss the grievance, terminate the inquiry, and so advise the grievant and the judge. At the same time, the grievant shall be informed of the confidentiality provisions of Rule 7. 12