When a Chief Justice refers a matter directly to the Committee, the Committee may assign an investigator to undertake a discreet and confidential investigation and evaluation. The Committee shall notify the Clerk involved when it receives a referral from a Chief Justice. The notice shall include a summary of the allegations. If the investigator determines that the matter referred by the Chief Justice does not set forth allegations that, if true, would constitute misconduct or disability, the investigator shall recommend that the complaint be dismissed. If the Committee accepts the investigator's recommendation, the matter shall be dismissed and the appropriate Chief Justice and the Clerk shall be notified.
If the investigator, after an initial investigation and evaluation, determines that the matter referred by the Chief Justice sets forth facts that, if true, would constitute misconduct and recommends to the Committee that it proceed further, the Committee shall decide whether there is adequate reason to proceed to the preparation of formal charges. If the Committee decides that further investigation is necessary before making this determination, the Committee may continue the investigation. If the Committee finds that there is sufficient cause to proceed, the Committee shall issue formal charges against the Clerk pursuant to Rule 8. If the Committee finds that there is insufficient cause to proceed, the matter shall be dismissed and the Chief Justice and the Clerk shall be notified.
Effective March 23, 2015.