Rule 17 - Cases Involving Mental or Physical Disability(a)Procedure. When considering an allegation of mental or physical disability, the commission will, except as provided in this rule, follow procedures established by Rules 1 - 16, 18, and 20 of these rules. (b)Special Provisions. The following additional provisions apply in disability cases: (1) If the commission finds probable cause to believe that a judge suffers from a mental or physical disability and the judge is not represented by counsel, the commission will, in its discretion, appoint an attorney to represent the judge at commission expense. (2) If a judge is charged with a disability or raises a disability as an affirmative defense to misconduct, the commission will, in its discretion, under AS 22.30.066(b), request the judge to submit to a physical or mental examination by an independent medical expert. The medical expert shall report the results of the examination to both the commission and the judge. If the judge refuses to submit to the examination, the commission will decide the issue requiring the examination adversely to the judge. (3) The commission will bear the costs of disability proceedings. Alaska Jud. Cond. Comm. R. 17
Adopted 11/1/1991; amended 12/1/2000.