As to each complaint received and investigation conducted by the Office of Disciplinary Counsel, a written report shall be filed with the Commission. The report shall recommend whether the Office of Disciplinary Counsel believes there is probable cause to formally charge the judge with a violation of the Code of Judicial Conduct or that the judge, because of advancing years and attendant physical and mental incapacity, should not continue to serve. The report shall include a copy of any written response by the judge, together with a list of documents, affidavits, or other material that has been collected or submitted in connection with the complaint or investigation.
W. Va. R. Judi. Disc. Pro. 2.6