                                 CODE OF VIRGINIA

CONFIDENTIALITY OF PAPERS AND PROCEEDINGS; EXCEPTION (§ 17.1-913)

A. Except as provided in subsection C, all papers filed with and proceedings
before the Commission, and under &#xA7;&#xA7; 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. The confidentiality provisions of subsection A shall not apply to
notifications made by the Commission under this subsection.

HISTORY: 1971, Ex. Sess., c. 154, § 2.1-37.13; 1979, c. 11; 1984, c. 650; 1993,
c. 92; 2001, c. 844; 2005, c. 508; 2023, c. 329.