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Developed and maintained by the Division of Legislative Automated Systems.
1997 SESSION
974269728Be it enacted by the General Assembly of Virginia:
1. That [ § 2.1-37.13 of the Code of Virginia is amended and
reenacted and that ] the Code of Virginia is amended by adding in
Article 1 of Chapter 4.1 of Title 2.1 a section numbered 2.1-37.8:1 as follows:
§ 2.1-37.8:1. Annual report.
On or before December 1 of each year, the Commission shall publish a report detailing the activities of the Commission for the prior year. The report shall include the number of complaints filed with the Commission; the number of complaints originating from attorneys, judges, court employees, or the general public; the number of complaints dismissed based on (i) failure to fall within the jurisdiction of the Commission, (ii) failure to state a violation of the Canons of Judicial Conduct, or (iii) failure of the Commission to reach a conclusion that the Canons were breached; the number of complaints for which the Commission concluded that the Canons of Judicial Conduct were breached; and the number of cases from which the staff or any member of the Commission recused himself due to an actual or possible conflict.
[ § 2.1-37.13. Confidentiality of proceedings; exceptions.
All papers filed with and
proceedingsProceedings before the Commission,
and depositions taken under
§§ 2.1-37.11 and 2.1-37.12, including
the identification of the subject judge as well as all
testimony and other evidence and any transcript thereof made by a reporter,
shall be confidential and shall not be divulged, other than to the
Commission or under the provisions of §
2.1-37.17:1, by any person who either files a
complaint with the Commission, or receives
suchor investigates a complaint in
an official capacity, or investigates such
complaint,; is interviewed concerning
such a complaint by a member,
employee or agent of the
Commission,; or participates in any
proceeding of the Commission, or the official recording or transcription
thereof, except that the record of any proceeding filed with the Supreme Court
shall lose its confidential character. However, if the Commission finds cause
to believe that any witness under oath has willfully and intentionally
testified falsely, the Commission may direct the chairman or one of its members
to report such finding and the details leading thereto including any transcript
thereof to the attorney for the Commonwealth of the city or county where such
act occurred for such disposition as to a charge of perjury as the Commonwealth
may be advised. In any subsequent prosecution for perjury based thereon, the
proceedings before the Commission relevant thereto shall lose their
confidential character.
All records of proceedings before the Commission which are not filed with
the Supreme Court in connection with a formal complaint filed with that
tribunal, shall be kept in the confidential files of the
Commission. The Commission, however, shall issue a final
report which shall state the conclusion of the Commission on each complaint and
its reasons therefor, shall be forwarded to the person filing such complaint,
and shall be available for public inspection.
However, a Any judge who is under
investigation by the Commission, or any person authorized by him, may divulge
information pertaining to a complaint filed against such judge as may be
necessary for the judge to investigate the allegations in the complaint in
preparation for the proceedings before the Commission. ]