– Proceedings Confidential

(a) All papers filed herewith and all proceedings before the Commission shall be confidential while pending before the Commission, as provided by Section 11, Article VII of the Montana Constitution, and the provisions of Title 3, Chapter 1, Part 11, MCA, except as follows: (1) where the Commission, after an investigation and on a finding of good cause, advises the judicial officer and the Supreme Court, in writing, that the grievance will be dismissed if the judicial officer files with the Commission a 6 letter stating that the officer will take corrective action satisfactory to the Commission, as provided in § 3-1-1106(2)(b), MCA; (2) where, after appropriate proceedings, it finds the charges true and recommends to the Supreme Court the censure, suspension, removal, or retirement of the judicial officer, as provided in § 3-1-1106(3), MCA, including filing of a formal complaint pursuant to Rule 13(b); (3) under circumstances that the Commission considers appropriate as provided in §§ 3-1-1105(2) and -1123, MCA; (4) if sought by any federal or state agency in connection with the selection or appointment of a judge, as provided in § 3-1-1124, MCA, and in accordance with these Rules; and (5) as part of the Commission’s report to the legislature, as provided in § 3-1- 1126, MCA. This report shall include summary rejections or dismissals as provided in Rule 10(c). (b) A grievance dismissed by the Commission under Rule 12 is no longer confidential, and a claimant may disclose the grievance and the Commission’s response. If an investigation results in formal proceedings, then the record filed by the Commission with the Supreme Court loses its confidential character upon its filing. Further, a proceeding loses its confidentiality if § 3-1-1121 and/or §§ 3-1-1123 through 1126, MCA, are invoked in accordance with the terms thereof. (c) All notices, pleadings and papers mailed to a judge and to other persons pursuant to these Rules shall be marked “personal and confidential.” 7 (d) Every witness in every proceeding under these Rules shall be sworn to tell the truth and not to disclose the existence of the proceeding or the identity of the judge until the proceedings are no longer confidential under these rules. Violation of the confidentiality proceedings may result in summary dismissal of the grievance. (e) If a judge voluntarily retires or resigns prior to the institution of formal proceedings, and agrees not to act as a judge at any time in the future, all proceedings against such judge shall terminate and the files of the Commission concerning said judge shall remain confidential. (f) A judge shall, upon request, be given all information concerning grievances that have been filed against the judge, unless the Commission finds good cause to protect the confidentiality of any information acquired or submitted.