– Organization of the Commission

(a) After the Speaker of the House notifies the Montana Judges Association that a vacancy exists on the Commission as to a position appointed in accordance with § 3-1-1101(1)(a), MCA, the Association shall notify all District Court Judges of the vacancy and shall then compile a list of all judges interested in serving on the Commission. The Executive Secretary shall forward this list to the Speaker of the House. (b) The Commission shall select from its members a Chairperson, a Vice Chairperson, and such other officers as the Commission may consider necessary and proper in carrying out its functions and duties, who shall serve at the pleasure of the Commission. A member may be selected for more than one office. 2 (c) The Chairperson or designee of the Chairperson shall preside at the meetings of the Commission as well as at formal hearings concerning the conduct or disability of a judge. In the event the Chairperson is absent or is otherwise unable to attend a meeting or to perform the duties of Chairperson, those duties shall be performed by the Vice Chairperson, and in the absence of the Vice Chairperson, by a member of the Commission designated by the members who are present. (d) Any member of the Commission is authorized to administer oaths or affirmations to all witnesses appearing before the Commission. (e) All records of the Commission shall remain confidential except as hereinafter specified and shall be under the exclusive and continuing control of the Judicial Standards Commission and its staff. In the conduct of the business of the Commission, including the appointment of an investigator or attorney, and to facilitate the coordination of investigations with other agencies, the Commission is authorized to utilize the same personnel that are involved in an agency investigation of the same factual allegations of misconduct or disability that is before the Commission to avoid duplicative expense relative to investigation. The Chief Justice of the Montana Supreme Court and the Court Administrator are allowed access to investigative files. The permission of the Chairperson of the Commission is required prior to the release of records to anyone other than Commission members, the Chief Justice, or the Supreme Court Administrator. (f) The records of the Commission shall be maintained in the Court Administrator’s office pursuant to these rules. (g) Records concerning a grievance against a judge, other than a formal complaint ordered filed by the Commission as hereinafter set forth or records of discipline imposed as 3 described in these rules, shall be maintained for twelve (12) years after such judge has ceased to act as a judicial officer. At the expiration of twelve (12) years, such records may be destroyed. Records concerning a formal complaint filed against a judge, and records of discipline administered as described in these rules, shall be maintained during the lifetime of the judge named therein.