Ariz. R. Comm. Jud. Cond. 5
The purpose of the judicial discipline and incapacity system is to protect the public and to maintain high standards for the judiciary and the administration of justice. Any disciplinary remedy or sanction imposed shall be sufficient to restore and maintain the dignity and honor of the position and to protect the public by assuring that the judge will refrain from similar acts of misconduct in the future.
Ariz. R. Comm. Jud. Cond. 5
RULES GOVERNING
<Proceedings commenced prior to the January 1, 2002 effective date of these new rules shall continue to be governed by the rules effective prior to the effective date until the closure of the matter.>
HISTORICAL NOTES
The former rule, adopted May 24, 1990, effective July 1, 1990, amended March 27, 1995, effective June 1, 1995, was abrogated by Order dated October 11, 2001, effective December 31, 2001. Because the former rule has continuing effect for actions begun prior to the date of repeal, the text of the rule is set out below.
"Rule 5. Confidentiality and Exceptions
"(a) Confidentiality. All records and proceedings before the commission shall be confidential except as provided in this rule.
"(b) Exception for Formal Proceedings.
"(1) Upon expiration of the time provided for the judge's answer to a statement of charges pursuant to Rule 8(e) of these rules, the commission shall open and maintain a formal file which shall contain the notice of institution of formal proceedings and all subsequent pleadings filed before the commission. This file shall not be confidential. The commission's internal papers, such as investigative reports, staff memoranda, memoranda between members of this commission, legal memoranda provided by staff to members of the commission, and similar matters, shall continue to be confidential and shall not be a part of the formal file.
"(2) The formal hearing shall be open to the public, as shall any findings of fact, conclusions of law, and recommendations to the supreme court made by the commission upon the conclusion of the hearing.
"(3) If the judge and the commission reach a stipulated resolution after the commencement of formal proceedings, the agreement shall be reduced to writing and placed within the formal public file, and shall be submitted to the supreme court without further proceedings before the commission.
"(c) Other Exceptions. The commission shall additionally have discretion to disclose proceedings and records under the following circumstances:
"(1) Upon waiver in writing by the judge, at any time, to whomever the judge may designate;
"(2) Upon inquiry by an appointment authority or a state or federal agency lawfully empowered to conduct investigations in connection with the selection or appointment of judges;
"(3) Upon inquiry by or on behalf of the assigning authority in connection with the assignment or recall of a retired judge to judicial duties; or
"(4) Upon inquiry by the disciplinary commission of the supreme court pursuant to supreme court Rules 46(c) and (d) concerning jurisdiction over former and incumbent judges.
"(5) In cases in which an investigation becomes public, the commission may issue a statement in order to confirm the pendency of an investigation, to clarify the proceedings, or to disclose the final disposition of the matter under investigation.
"(6) The judge shall be given reasonable advance notice of any disclosure by the commission permitted pursuant to section (c) of this rule, unless the judge has waived such notice.
"(d) Notice to Judges and Complainants. The provisions of this rule concerning confidentiality do not preclude the commission from disclosing to the judge the identity of the complainant, nor do they preclude the commission from disclosing to the complainant the judge's answer or the material substance of the judge's answer. Any decision of the commission regarding this type of disclosure shall take into consideration requests from judges or complainants that identities remain anonymous or that the subject matter of the complaint or answer remain confidential.
"(e) Notice Upon Termination of a Case. When the commission determines that there is insufficient cause to proceed or terminates the proceedings at any time prior to the filing of findings of facts and recommendations with the clerk of the supreme court, the complainant, if any, and the judge shall be notified of the termination and the file shall be closed.
"(f) Consultation With an Attorney. It shall not be a breach of this rule for a judge, complainant or witness to consult with an attorney."