Preliminary investigation

The Commission, upon the filing of a complaint that it finds is not unfounded or frivolous, shall conduct a preliminary investigation to determine whether formal proceedings should be instituted and a hearing held. Any member of the investigative subcommittee as described in Rule 12 may participate in deliberations and votes. The preliminary investigation shall be conducted by a committee appointed by the Chairperson and composed of not fewer than three (3) nor more than five (5) members of the Commission. Any member of the Commission may attend proceedings of the committee conducting the preliminary investigation. Upon completion of the investigation, the committee shall file a written report to the Commission containing its finding and recommendations. The Commission shall thereupon consider the report and take such action as it deems appropriate to complete the preliminary investigation. If the Commission finds that there is not substantial evidence to support the charges, the complaint shall be dismissed and notification of such action shall be given in writing to the complainant and the respondent. Page 3 of 11 February 2024 The result of the preliminary investigation shall be confidential but the Commission in its sole discretion may provide notice of the preliminary investigation, or any result of the preliminary investigation, or any portion thereof to the respondent judicial officer. Any such notice shall be provided only upon a duly recorded vote of a majority of the Commission. When such notice is provided to a respondent judicial officer, notice of same shall be provided to the Chief Justice of the Supreme Court and may also be provided to the Presiding Justice, Chief Judge or Chief Magistrate of the respondent's court. These notices shall not be public.