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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>63579</law_id><section_number>17.1-913</section_number><catch_line>Confidentiality of papers and proceedings; exception</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="17.1">Courts of Record</unit><unit label="chapter" level="2" order_by="1" identifier="9">Judicial Inquiry and Review Commission</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> Except as provided in subsection C, all papers filed with and proceedings before the <span class="dictionary">Commission</span>, and under &#xA7;&#xA7; <a class="law" title="Order compelling witness to attend and testify" href="/17.1-909/">17.1-909</a> and <a class="law" title="Depositions" href="/17.1-910/">17.1-910</a>, including the identification of the subject <span class="dictionary">judge</span> as well as all <span class="dictionary">testimony</span> and other <span class="dictionary">evidence</span> and any <span class="dictionary">transcript</span> thereof made by a reporter, shall be confidential and shall not be divulged, other than to the <span class="dictionary">Commission</span>, by any person who (i) either files a complaint with the <span class="dictionary">Commission</span>, 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 <span class="dictionary">Commission</span>; or (iv) participates in any proceeding of the <span class="dictionary">Commission</span> or in the official recording or transcription thereof, except that the record of any proceeding filed with the Supreme <span class="dictionary">Court</span> shall lose its confidential character. However, if the <span class="dictionary">Commission</span> finds cause to believe that any <span class="dictionary">witness</span> under <span class="dictionary">oath</span> has willfully and intentionally testified falsely, the <span class="dictionary">Commission</span> may direct the chairman or one of its members to report such <span class="dictionary">finding</span> and the details leading thereto including any <span class="dictionary">transcript</span> thereof to the attorney for the Commonwealth of the city or county where such act occurred for such <span class="dictionary">disposition</span> as to a charge of <span class="dictionary">perjury</span> as the Commonwealth may be advised. In any subsequent <span class="dictionary">prosecution</span> for <span class="dictionary">perjury</span> based thereon, the proceedings before the <span class="dictionary">Commission</span> relevant thereto shall lose their confidential character.
			All records of proceedings before the <span class="dictionary">Commission</span> which are not filed with the Supreme <span class="dictionary">Court</span> in connection with a formal complaint filed with that tribunal, shall be kept in the confidential files of the <span class="dictionary">Commission</span>.
			However, a <span class="dictionary">judge</span> who is under investigation by the <span class="dictionary">Commission</span>, or any person authorized by him, may divulge information pertaining to a complaint filed against such <span class="dictionary">judge</span> as may be necessary for the <span class="dictionary">judge</span> to investigate the <span class="dictionary">allegations</span> in the complaint in preparation for the proceedings before the <span class="dictionary">Commission</span>. <a id="paragraph-231628" class="section-permalink" href="https://vacode.org/17.1-913/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> Advice on judicial ethics given by an attorney employed by the <span class="dictionary">Commission</span> to a <span class="dictionary">judge</span> and the records of such advice shall be confidential and not be divulged except as permitted in subsection A. However, the <span class="dictionary">Commission</span> may share such advice, but not the identity of the <span class="dictionary">judge</span> to whom the advice was given, with a committee established by the Supreme <span class="dictionary">Court</span> for the development of formal judicial ethics advisory <span class="dictionary">opinions</span>. Any such shared information shall remain confidential within such committee. <a id="paragraph-231629" class="section-permalink" href="https://vacode.org/17.1-913/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> The <span class="dictionary">Commission</span> 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 <span class="dictionary">Commission</span>. The confidentiality provisions of subsection A shall not apply to notifications made by the <span class="dictionary">Commission</span> under this subsection. <a id="paragraph-231630" class="section-permalink" href="https://vacode.org/17.1-913/#C"><i class="fa fa-link"/></a></p></section></text><history>1971, Ex. Sess., c. 154, &#xA7; 2.1-37.13; 1979, c. 11; 1984, c. 650; 1993, c. 92; 2001, c. 844; 2005, c. 508; 2023, c. 329.</history><metadata></metadata></law>
