Rule 33 - Incapacity Proceedings(a) Initiation of proceeding. An incapacity proceeding may be initiated by a complaint, by a claim of inability to defend in a disciplinary proceeding, or by an order of involuntary commitment or adjudication of incompetency.(b) Conduct of proceeding. All incapacity proceedings shall be conducted in accordance with the procedures for disciplinary proceedings, except that the purpose of the incapacity proceedings shall be to determine whether the judge suffers from an incapacity that is permanent or likely to become permanent and that seriously interferes with the judge's ability to perform judicial duties. If the commission concludes that the judge suffers from an incapacity, it shall recommend retirement of the judge. Review of the recommendation and entry of judgment shall be pursuant to Rule 29. Raising a mental or physical condition as a defense to or in mitigation of formal charges constitutes a waiver of medical privilege as to the particular condition at issue.(c) Appointment of guardian ad litem. If it appears to the commission at any time during the proceedings that the judge is not competent to defend himself or herself, the commission may appoint a guardian ad litem for the judge. The guardian ad litem may exercise any right and make any defense for the judge with the same force and effect as if exercised or made by the judge, if competent. Whenever these rules provide for serving notice to a judge, the notice shall be served to the guardian ad litem.Ariz. R. Comm. Jud. Cond. 33
Added by Order dated Oct. 11, 2001, effective 1/1/2002.