D.C. Mun. Regs. tit. 28, r. 28-2038

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 28-2038 - PHYSICAL EXAMINATION AND MEDICAL INFORMATION OF JUDGES REQUESTING RECOMMENDATION FOR INITIAL APPOINTMENT OR REAPPOINTMENT AS SENIOR JUDGES
2038.1

Contemporaneous with his or her request or at such other time as the Commission allows, a judge seeking favorable recommendation for initial appointment or reappointment as a senior judge shall submit on forms provided by the Commission a report of an examination by a physician together with a statement of such physician which attests to the physical and mental fitness of the judge to perform his or her judicial duties.

2038.2

When deemed appropriate by the Commission, a judge seeking favorable recommendation for initial appointment or reappointment to a term as a senior judge shall submit to a physical and/or mental examination by a health care professional designated by it after consultation with the judge. The physician's report shall be given in writing to the Commission. Such examination and report shall be at the judge's expense, unless the Commission grants a waiver based on extraordinary circumstances. Such examination is a condition of continued judicial service pending the Commission's decision on the request for appointment or reappointment.

2038.3

Contemporaneous with his or her request, or at the Commission's request, a judge required to submit to an examination as prescribed in §§ 2038.1 and 2038.2 shall provide the Commission or its authorized designee with all waivers and releases necessary to consult with the health care professional and the judge's physician and to authorize the Commission to receive all medical records, reports, and information from any medical person, medical institution or other facility regarding the judge's physical or mental condition.

2038.4

The failure of a judge to submit to a physical or mental examination or to provide waivers and releases as required by §§ 2038.1, 2038.2 and 2038.3 may be considered by the Commission adversely to the judge.

2038.5

Copies of all medical records, reports, and information received by the Commission shall be provided to the judge at his or her request.

D.C. Mun. Regs. tit. 28, r. 28-2038

: Final Rulemaking published at 34 DCR 2190, 2194 (April 3, 1987); as amended by Final Rulemaking published at 37 DCR 6032, 6046-47 (September 14, 1990); and Final Rulemaking published at 39 DCR 9333, 9347-48 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); amended by Final Rulemaking published at 64 DCR 6302 (7/7/2017); amended by Final Rulemaking published at 66 DCR 12406 (9/20/2019); amended by Final Rulemaking published at 71 DCR 3224 (3/22/2024); amended by Final Rulemaking published at 71 DCR 9641 (8/2/2024)