Section 23 - Confidentiality(a)(1) All documents filed with, and evidence and proceedings before the Judiciary Commission are confidential. However, once the Commission files a notice of hearing as provided for in Section 4 of this rule and the respondent judge either files an answer or the time for filing an answer has expired, proceedings before the Judiciary Commission and its hearing officers in the matter shall be open to the public and shall be subject to the restrictions on trial courts in Canon 3A(9) of the Code of Judicial Conduct, and the pleadings, orders, and evidence filed into the record of the proceedings shall be public record, subject to the right of the hearing officer or the Commission to issue a protective order in accordance with Section 8(e). Pre-hearing status conferences, the deliberations of the hearing officer and the Commission, and the Commission's and Office of Special Counsel's internal papers and correspondence, such as investigative reports, staff memoranda, and the work product of the Commission, the Office of Special Counsel, and their staff, shall remain confidential. Commission proceedings in which a notice of hearing was filed prior to the May 1, 2020, effective date of this amendment shall be governed by the rules in place prior to the May 1, 2020, effective date of this amendment.(2) Nothing in this rule prohibits the respondent judge or anyone other than a Commission member or a member of the Commission staff before a Commission matter becomes public under subsection (a)(1) from making statements regarding the underlying facts or events that are the subject of a complaint filed with the Commission or a proceeding before the Commission. Moreover, once the Commission closes a file or files a notice of hearing, nothing in this rule shall prevent a complainant, respondent, or testifying witness in a Commission proceeding from disclosing or discussing the proceedings, subject to the right of the hearing officer or the Commission to issue an order in accordance with Sections 8(d) and 8(e) of this rule. From the time a complaint is filed throughout the investigatory stage of the proceedings, complainants, respondents, and witnesses may not disclose or discuss the fact that a complaint was filed, the fact that testimony was given pursuant to Commission proceedings, or any information learned as a result of participating in such proceedings. All documents and evidence remain confidential if a matter does not become public in accordance with subsection (a)(1).(3) Confidentiality may not be waived by the respondent judge; however, the judge may request a waiver of confidentiality from the Supreme Court or the Commission in accordance with the provisions of this section.(4) The Commission may provide documents, evidence, and information from confidential proceedings to entities or individuals in appropriate cases without this Court's approval, in accordance with Subsection (b) below.(5) The confidentiality provisions of the first paragraph of this subpart shall not be applicable to matters that are pending before the Commission when a judge retires or resigns from judicial office, and thereafter qualifies to run for another elective public office. When a retired or resigned judge qualifies for any elective office, the following documents and information in the custody of the Commission, relating to matters that were not disposed of by the Commission at the time of the judge's retirement or resignation, shall be subject to public disclosure: (i) any open or pending complaints filed against the judge;(ii) any response by the judge to the initial inquiry by the Commission to the pending complaint(s); and(iii) any formal charges or notices of hearing authorized by the Commission not already public under Section 23(a)(1). The Commission's investigatory and deliberation materials, and the hearing officer's deliberation materials, shall remain confidential. This section applies only to matters that were pending before the Commission when a judge retired or resigned from public office; confidentiality shall be maintained as to all matters that had been disposed of or were closed by the Commission at the time of the judge's retirement or resignation.(6) The confidentiality provisions of the first paragraph of this subpart shall also not be applicable to information about complaints or proceedings before the Commission concerning a particular judge disclosed by the judge on an application for professional liability insurance. Such information shall remain confidential and shall be accompanied by the following language: THE INFORMATION DISCLOSED ON THE FOLLOWING PAGE(S) IN RESPONSE TO QUESTIONS ____________ OF THE APPLICATION IS CONSIDERED STRICTLY CONFIDENTIAL PURSUANT TO LA. S.CT. RULE XXIII, SECTION 23, and LA. R.S. 44:10. THEREFORE, IT IS TO BE USED FOR UNDERWRITING PURPOSES ONLY AND CANNOT BE DISCLOSED TO ANYONE FOR ANY OTHER PURPOSE, INCLUDING ANY PUBLIC RECORDS REQUEST MADE PURSUANT TO LAW.(b) None of the following actions permitted to be taken by the Supreme Court or the Commission shall be deemed a violation of confidentiality: (1) If public reports concerning a Commission proceeding result in substantial unfairness to the judge involved in the proceeding, including unfairness resulting from reports which are false or materially misleading or inaccurate, the involved judge may submit a proposed statement of clarification and correction to the Commission and request its issuance. The Commission shall either issue the requested statement, advise the judge in writing that it declines to issue the requested statement, or issue a modified statement.(2) In any case in which the subject matter becomes public, through independent sources or through a waiver of confidentiality granted by the Supreme Court or the Commission pursuant to this subpart, the Commission may issue statements as it considers appropriate in order to confirm the pendency of the investigation, clarify the procedural aspects of the disciplinary proceedings, and explain the right of the judge to a fair hearing without prejudgment.(3) If in connection with the selection or appointment of a judge, any state or federal agency seeks information or written materials from the Commission concerning that judge, information may be divulged in accordance with procedures prescribed by the Commission, including reasonable notice to the judge affected unless the judge signs a waiver of notice. If in connection with the assignment of a retired judge to judicial duties, any appropriate authority seeks information or written materials from the Commission about that judge, information may be divulged in accordance with procedures prescribed by the Commission, including reasonable notice to the judge affected unless the judge signs a waiver of notice. All information disclosed by the Commission pursuant to this provision remains privileged and confidential. Further, the confidentiality provisions of the first paragraph of this subpart shall also not be applicable to information about complaints or proceedings before the Commission concerning a particular judge disclosed by the judge on an application in connection with a judicial appointment. Such information shall remain confidential and shall be accompanied by the following language: THE INFORMATION DISCLOSED ON THE FOLLOWING PAGE(S) IN RESPONSE TO QUESTIONS ____________ OF THE APPLICATION IS CONSIDERED STRICTLY CONFIDENTIAL PURSUANT TO LA. S.CT. RULE XXIII, SECTION 23, and LA. R.S. 44:10. THEREFORE, IT IS TO BE USED FOR INTERNAL JUDICIAL APPOINTMENT CONSIDERATION ONLY AND CANNOT BE DISCLOSED TO ANYONE FOR ANY OTHER PURPOSE, INCLUDING ANY PUBLIC RECORDS REQUEST MADE PURSUANT TO LAW.(4) The Commission may make otherwise confidential records of disciplinary proceedings available to: (i) Law enforcement agencies acting within the scope of their lawful authority when confidential records relate to possible criminal misconduct. Nothing in this rule compels the Commission to make confidential records available without a subpoena or court order if the Commission chooses not to exercise the discretion granted in this rule to make those confidential records available.(ii) The Judges and Lawyers Assistance Program, when the Commission refers a judge to that program in connection with a proceeding pending before the Commission. All information disclosed by the Commission pursuant to this provision shall remain confidential unless confidentiality is lost in some other manner.(5) When the Commission receives information concerning a threat to the safety of any person or persons, information concerning such a threat may be provided to the person threatened, to persons or organizations responsible for the safety of the person threatened, and to law enforcement and/or any appropriate prosecutorial agency.(6) With respect to any judge who is under consideration for judicial appointment or assignment by this Court, the Commission may provide confidential information to this Court in accordance with La. S.Ct. Rule XXXVII.(7) If a judge who is the subject of confidential proceedings before the Commission is exonerated and wishes to seek reimbursement of attorney fees, costs, or other expenses associated with the Commission proceedings from public funds, the judge may submit a written request to the Commission for a waiver of confidentiality for that purpose, and such request will be forwarded to the Supreme Court for consideration. It is not a breach of confidentiality for a respondent judge to disclose information regarding a complaint to his or her attorney or private insurer. Such communications to an insurer shall be considered strictly confidential pursuant to La. S.Ct. Rule XXIII, Section 23 and Louisiana Revised Statute 44:10.(8) The Commission may provide documents, evidence, and information from proceedings to the Louisiana Attorney Disciplinary Board in appropriate cases when approved by this Court, unless the documents, evidence, and information are already public, in which case the Commission does not need the approval of this Court. When dual jurisdiction exists pursuant to Section 25, the Commission may communicate with the Office of Disciplinary Counsel to coordinate the handling of the matter and to discuss such substantive matters necessary to resolve any logistical and procedural issues without seeking a waiver of confidentiality. In these such cases, the confidentiality provisions of La. S. Ct. Rule XIX, Section 16A shall be maintained.(9) The Commission may provide documents, evidence, and information from proceedings to the entity that appointed a Commission member when necessary to make a recommendation of removal of that member to the appointing authority, pursuant to Section 34. In such cases, the appointing authority and its members shall maintain the confidentiality of any Commission documents, evidence, and information provided.(10) The Commission shall publish and report the number of cautions, admonishments, and Deferred Recommendation of Discipline Agreements issued during a year and a general description of the conduct warranting such without identifying the respondent judges involved.Amended effective 7/1/2016; amended effective 9/4/2019; amended effective 5/1/2020; amended effective 11/19/2021.