PANEL REVIEW AND INVESTIGATION

(a) Finding of No Jurisdiction. If the Panel concludes that the complaint does not allege misconduct or disability of a judicial officer of the kind stated 3 Last amended effective March 6, 2018 in the Constitution, the Panel shall so notify the Clerk, in writing, within 20 days after the Clerk’s referral of the complaint to the designated Panel. Investigation. If the Panel determines that the complaint does allege (b) misconduct or disability of a judicial officer of the kind stated in the Constitution, the Panel shall so notify the Clerk, in writing, within 20 days after the Clerk’s referral of the complaint to the Panel, which shall then preliminarily investigate the allegations to determine the essential facts of the matter prima facie. The Panel shall notify the judicial officer of the investigation and shall afford the judicial officer a reasonable opportunity to appear informally or to otherwise present to the Panel such matters as the judicial officer may choose. The Panel shall afford the complainant a reasonable opportunity to appear informally before a member of members of the Panel and to present orally or in writing such evidence as is relevant to the subject matter of the complaint. Except for good cause shown to the Chief Justice, no stenographic or electronic record will be made of the Panel proceedings. The Panel may direct the judicial officer to file a written response to the complaint. The response must be detailed, alleging all defenses and explanations with particularity, and containing specific references to pertinent court rules, practices, or provisions of the Delaware Judges’ Code of Judicial Conduct. The Panel may deem failure to comply with the Panel’s direction within 15 days to be an admission of the facts alleged in the complaint. (c) Report. The Panel shall, within 40 days of referral under Rule 5(c), file a written report as to each complaint within the Court’s jurisdiction. The report shall find whether there is probable cause to believe that the judicial officer may be subject to sanction or retirement or shall recommend discipline by consent under Rule 12. If the Panel finds that there is probable cause, it shall indicate the provision of the Delaware Judges’ Code of Judicial Conduct found to have been violated and the factual basis for the charge. This requirement shall be fulfilled in every case, including any case in which the complaint has been withdrawn.