                                 CODE OF VIRGINIA

PHYSICAL OR MENTAL EXAMINATION (§ 17.1-912)

A. Whenever the Commission has probable cause to believe a judge is unable to
perform his duties as a judge because of excessive use of alcohol or drugs or
physical or mental illness, the Commission, after preliminary investigation by
informal conference, may direct that the judge submit to a mental or physical
examination by a health care provider approved by the Commission after
consultation with the judge. The health care provider&#8217;s report shall be in
writing. Upon request, the judge shall provide the Commission with all waivers
and releases necessary to authorize the Commission to receive all medical
records, reports, and information from any health care provider regarding the
judge&#8217;s mental or physical condition.

B. Any judge ordered to be examined pursuant to this section shall be afforded
reasonable notice and an opportunity for a hearing before such examination is
conducted as to any matters regarding the examination and as to whether there is
probable cause to believe that the judge is unable to perform his duties as a
judge because of excessive use of alcohol or drugs or physical or mental
illness. During such hearing, the judge shall have the right to call witnesses
on his behalf.

C. All costs related to examinations conducted at the direction of the
Commission shall be paid out of sums appropriated for the operation of the
Commission. The failure of a judge to submit to an examination ordered pursuant
to this section or to provide waivers and releases required by this section
shall constitute grounds for a new charge.

HISTORY: 1998, cc. 672, 862, § 2.1-37.12:2; 2001, c. 844.