Ariz. R. Comm. Jud. Cond. 7
Ariz. R. Comm. Jud. Cond. 7
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 7. Medical Examination
"(a) Authority to Order. After the institution of a preliminary investigation concerning judicial disability and prior to the filing of a notice of formal proceedings, the commission, at its own expense, may require a judge to submit to a physical and mental examination by one or more physicians, not exceeding three, licensed to practice in this state and appointed by the commission to conduct such examination.
"(b) Use of Examination Results. The physician or physicians shall conduct an examination of the judge to determine the judge's mental and physical condition. The examination may include any laboratory tests deemed necessary by the examining physician or physicians. The results of the examinations and tests shall be reported in writing to the commission and copies shall be furnished to the judge, the judge's attorney, or guardian ad litem. These medical reports shall be received in evidence in any subsequent hearing before the commission.
"(c) Failure or Refusal to Be Examined. The failure or refusal of a judge to submit to the medical examination ordered by the commission shall preclude the judge from presenting evidence of the results of medical examinations done on the judge's behalf. The commission may consider such a refusal or failure as evidence that the judge has a disability that seriously interferes with the performance of judicial duties and is or is likely to become permanent."