SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2023 SESSION
23100883DBe it enacted by the General Assembly of Virginia:
1. That § 17.1-913 of the Code of Virginia is amended and reenacted as follows:
§ 17.1-913. Confidentiality of papers and proceedings; exception.
A. All Except as provided in subsection C, all papers
filed with and proceedings before the Commission, and under §§ 17.1-909 and
17.1-910, 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,
by any person who (i) either files a complaint with the Commission, or receives
such complaint in an official capacity; (ii) investigates such complaint; (iii)
is interviewed concerning such complaint by a member, employee or agent of the
Commission; or (iv) participates in any proceeding of the Commission or in 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.
However, a 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.
B. Advice on judicial ethics given by an attorney employed by the Commission to a judge and the records of such advice shall be confidential and not be divulged except as permitted in subsection A. However, the Commission may share such advice, but not the identity of the judge to whom the advice was given, with a committee established by the Supreme Court for the development of formal judicial ethics advisory opinions. Any such shared information shall remain confidential within such committee.
C. The Commission shall notify a complainant of the final
decision made or action taken in regards to his filed complaint within 30 days
of such decision or action. Such notice shall include the decision made or
action taken by the Commission [ and the specific reasons for such
decision or action ] . The confidentiality provisions of subsection
A shall not apply to notifications made by the Commission under this
subsection.