Rule 32 - Medical Examination(a) Authority to order. After the institution of a preliminary investigation and before the filing of a notice of formal proceedings, an investigative panel may order a judge, at the commission's expense, to submit to a physical or mental examination by one or more licensed physicians or psychologists appointed by the investigative panel to conduct such an examination.(b) Use of examination results. The medical practitioners shall examine the judge to determine the judge's mental or physical condition to hold judicial office. The examination may include any laboratory and other tests deemed necessary by the examining medical practitioners. The results of the examinations and tests shall be reported in writing to the investigative panel and copies shall be furnished to the judge, the judge's counsel, or guardian ad litem. These medical reports may be reviewed by an investigative panel in connection with a finding of reasonable cause or may be received in evidence in any subsequent hearing.(c) Failure or refusal to be examined. The failure or refusal of a judge to submit to a medical examination ordered by the investigative panel shall preclude the judge from presenting evidence of the results of medical examinations done on the judge's behalf. An investigative or hearing panel may consider such a refusal or failure as evidence that the judge has an incapacity that seriously interferes with the performance of judicial duties and is or is likely to become permanent.Ariz. R. Comm. Jud. Cond. 32
Added by Order dated Oct. 11, 2001, effective 1/1/2002.