(a)Notice of Investigation. If, after conducting an initial investigation, the executive director anticipates recommending to the commission at its next meeting an outcome other than dismissal and the chair agrees that notice at this time is appropriate, or if the commission does not dismiss the matter at a meeting, the executive director shall send a written notice of investigation to the judge. The notice of investigation must identify the complainant, if the complainant has authorized use of his or her name, and must convey the basic substance of the investigation and the date of the next commission meeting when the investigation will be reviewed. In addition, the written notice must convey the possible outcomes: dismissal, informal and private admonishment, recommendation for counseling, or proceeding to a probable cause determination. The executive director may issue supplemental notices as appropriate. In instances where the initial investigation is thorough enough to also serve as the full investigation, the commission may authorize both the notice of investigation and notice of probable cause determination under (b) of this rule in the same document at the same time. (b)Notice of Probable Cause Determination. After an investigation, if the commission has decided that a probable cause determination is necessary, the executive director shall send a written notice of probable cause determination to the judge. The notice must include the date of the determination meeting and a citation of Rule 12 of these rules, pre-hearing discovery. In addition, the written notice must state the possible outcomes as listed in (a) of this rule. (c)Notice After Formal Charge. The executive director shall provide appropriate notice of commission action taken under Rules 14 - 18 of these rules. (d)Notice of Recommended Dismissal and of Dismissal. The executive director shall inform the complainant in writing of the executive director's recommendation of dismissal and that the dismissal will be reviewed by the commission at its next meeting. If the judge has been given prior commission notice, the executive director shall also inform the judge in writing of the recommended dismissal. After the commission's dismissal of a complaint, at whatever stage of proceedings, the executive director shall so inform the complainant and, if the judge has been given prior commission notice, the judge. (e)Method of Service. Unless otherwise specified, notice to the judge, when required by these rules, shall be given by personal service, or by prepaid certified or registered mail that is addressed to the judge. Alaska Jud. Cond. Comm. R. 8
Formerly (before December 1, 2000) Rule 7. Adopted 11/1/1991; amended 12/1/2000; 6/30/2003; 2/1/2004; 5/19/2008.