Rule 27 - Cases Involving Allegations of Mental of Physical Incapacity(a)Initiation of incapacity proceeding. An incapacity proceeding can be initiated by complaint, by a claim of inability to defend in a disciplinary proceeding, or by an order of involuntary commitment or adjudication of incompetency.(b)Proceedings to determine incapacity generally. All incapacity proceedings shall be conducted in accordance with the procedures for disciplinary proceedings, except: (1) The purpose of the incapacity proceedings shall be to determine whether respondent suffers from an incapacity which is permanent or likely to become permanent and which seriously interferes with respondent's ability to perform judicial duties;(2) If the commission concludes that respondent suffers from an incapacity, it shall recommend retirement of respondent;(3) If it appears to the commission at any time during the proceedings that respondent is not competent to act, or if it has been previously judicially determined that respondent is not competent to act, the commission will appoint a guardian ad litem for respondent unless respondent already has a guardian who will represent respondent's interests. In the appointment of a guardian ad litem, consideration may be given to the wishes of the members of respondent's immediate family. The guardian or guardian ad litem may claim and exercise any right and privilege, including without limit retaining counsel, and make any defense for respondent which respondent could have claimed, exercised, or made if competent. Any notice to be served on respondent will also be served on the guardian or guardian ad litem.(c)Waiver. The raising of mental or physical condition as a defense to or in mitigation of a statement of charges constitutes a waiver of medical privilege.(d)Stipulated disposition.(1) The commission shall designate one or more qualified medical, psychiatric, psychological or other experts to examine respondent prior to the hearing on the matter. The expert or experts shall report to the commission and the parties.(2) After receipt of the examination report, disciplinary counsel and respondent may agree upon proposed findings of fact, conclusions, and order. The stipulated disposition shall be submitted to the commission for a recommendation to the supreme court. The final decision on the recommendation shall be made by the court.(3) If the stipulated disposition is rejected by the court, it shall be deemed withdrawn and cannot be used by or against respondent in any proceedings.(e) Reinstatement from incapacity status.(1) No respondent retired based upon an incapacity proceeding may resume active status except by order of the supreme court.(2) Any respondent retired based upon an incapacity proceeding shall be entitled to petition for reinstatement of eligibility.(3) Upon the filing of a petition for reinstatement of eligibility, the commission may take or direct whatever action it deems necessary or proper to determine whether the incapacity has been removed, including a direction for an examination of respondent by or through qualified medical, psychological, or other experts, or qualified program or referral, designated by the commission.(4) With the filing of a petition for reinstatement of eligibility, respondent shall be required to disclose the name of each qualified medical, psychological, or other expert, or qualified program or referral whom or in which respondent has been examined or treated since the transfer to retirement status. Respondent shall furnish to the commission written consent to the release of information and records relating to the incapacity if requested by the commission or commission-appointed medical or psychological experts.Wash. Commi. Jud. Cond. R. Proce. 27