17.1-913 - Confidentiality of papers and proceedings. - Virginia Statutes

§ 17.1-913. Confidentiality of papers and proceedings.

A. 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 aswell as all testimony and other evidence and any transcript thereof made by areporter, shall be confidential and shall not be divulged, other than to theCommission, by any person who (i) either files a complaint with theCommission, or receives such complaint in an official capacity; (ii)investigates such complaint; (iii) is interviewed concerning such complaintby a member, employee or agent of the Commission; or (iv) participates in anyproceeding of the Commission or in the official recording or transcriptionthereof, except that the record of any proceeding filed with the SupremeCourt shall lose its confidential character. However, if the Commission findscause to believe that any witness under oath has willfully and intentionallytestified falsely, the Commission may direct the chairman or one of itsmembers to report such finding and the details leading thereto including anytranscript thereof to the attorney for the Commonwealth of the city or countywhere such act occurred for such disposition as to a charge of perjury as theCommonwealth may be advised. In any subsequent prosecution for perjury basedthereon, the proceedings before the Commission relevant thereto shall losetheir confidential character.

All records of proceedings before the Commission which are not filed with theSupreme 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 personauthorized by him, may divulge information pertaining to a complaint filedagainst such judge as may be necessary for the judge to investigate theallegations in the complaint in preparation for the proceedings before theCommission.

B. Advice on judicial ethics given by an attorney employed by the Commissionto a judge and the records of such advice shall be confidential and not bedivulged except as permitted in subsection A. However, the Commission mayshare such advice, but not the identity of the judge to whom the advice wasgiven, with a committee established by the Supreme Court for the developmentof formal judicial ethics advisory opinions. Any such shared informationshall remain confidential within such committee.

(1971, Ex. Sess., c. 154, § 2.1-37.13; 1979, c. 11; 1984, c. 650; 1993, c.92; 2001, c. 844; 2005, c. 508.)