(a)Confidentiality. All investigative records, files, and reports of the commission are confidential and no disclosure may be made except as permitted by AS 22.30.060. All confidential documents acquired in the course of a commission investigation shall be accorded the same confidentiality as commission-generated documents. (b)Disclosure -- Generally. To preserve public confidence in the administration of justice, the commission will, in its discretion, issue statements clarifying procedural aspects or explaining the right of a judge to a fair hearing when the subject matter of a complaint is generally known to the public. Unless otherwise provided by these rules, a person filing an accusation may have access only to those materials that the person has provided to the commission. (c)Disclosure -- Dismissal. When an accusation against a judge has been considered by the commission and it has been determined that there is no basis for filing a charge or for further proceedings, the commission will, in its discretion and at the judge's request or approval, issue an explanatory statement. (d)Disclosure -- Determination. Upon completion of an investigation or proceeding, the commission will disclose to the complainant that the commission (1) has found no basis for action against the judge; (2) has taken an appropriate corrective action, the nature of which, under AS 22.30.011(b), cannot be disclosed; or (3) has filed a formal charge against the judge. (e)Waivers. A judge may partially waive confidentiality by signing a Commission Waiver of Confidentiality for future employment or retention purposes. This partial waiver will permit the Commission to provide factual summaries of all instances where the Commission has taken disciplinary action under Rule 11(b)(2)-(4) of these rules, including Informal and Private Admonishment and Recommendations for counseling in all its forms. "Future employment or retention purposes" include applications for other judgeships, other government employment or public office, private employment and seeking retention in current judicial office. Sample Form: Commission Waiver of Confidentiality.
Alaska Jud. Cond. Comm. R. 5
Adopted 11/1/1991; amended 12/1/2000; amended 6/29/2009.