Rule 7 - Powers and duties of investigatory panel (a) The investigatory panel shall review complaints received by the Commission concerning allegations of judicial misconduct, criminal misconduct, civil misconduct, or disability to determine whether an investigation is warranted. All complaints shall be in writing and verified, and addressed to the Commission. (b) In the absence of a written complaint, the investigatory panel may commence investigations on its own motion when it becomes aware of information from any source that is deemed reasonably reliable on matters concerning alleged disability, judicial misconduct, criminal misconduct, or civil misconduct falling within the jurisdiction of the Commission. (c) The investigatory panel may appoint disciplinary counsel to assist in an investigation. In making an investigation, the investigatory panel or disciplinary counsel may obtain and consider any information deemed pertinent. If an investigation indicates the physical or mental health of the judge is in issue, the investigatory panel may require that the judge submit to physical and/or mental examinations by independent examiners. The results of the examination shall be transmitted to the judge and the presiding officer for consideration by the panel. Service of the results of examination shall be in accordance with these rules. The failure of the judge to testify or to submit to an examination ordered by a panel may be considered, unless it appears that such failure was due to circumstances beyond the judge's control. (d) When a judge is ordered to submit to an examination, such notice or order shall be given by certified mail addressed to the judge at the address provided by the judge for such purposes. If the investigatory panel or disciplinary counsel are informed that the judge is represented by counsel notice of any investigation or examination shall be served on counsel for the judge. (e) The investigatory panel may issue subpoenas. (f) If the investigation does not disclose sufficient cause to warrant further proceedings, the case shall be dismissed. In such event, the complainant shall be notified that the case is closed. (g) If after investigation, the investigatory panel finds reasonable cause to support a finding that the judge engaged in judicial misconduct, criminal misconduct, civil misconduct, or that the judge has a disability, the investigatory panel may issue a letter of correction, issue or recommend a deferred disciplinary agreement, issue a stipulated private censure, or formal proceedings may be instituted and the matter will be referred to the adjudicatory panel. (h) At any phase of the proceeding, the investigatory panel may recommend a negotiated settlement, including the judge's voluntary retirement in lieu of discipline, to the full Commission, exclusive of members of the adjudicatory panel and members who have recused. In the event the full Commission rejects a settlement proposal the matter shall proceed to final adjudication as provided in these rules. A judge who proposes or agrees to a settlement proposal waives any complaint that consideration of settlement compromises the Commission or any of its members in any further proceedings. (i) The investigatory panel shall maintain records and files in accordance with these rules and transmit the Notice of Commencement of Proceedings to the adjudicatory panel for formal proceedings as appropriate. Adopted January 8, 2014, effective April 1, 2014.