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Rule 12

In considering allegations of mental or physical disability, the Commission shall, insofar as applicable and except as provided below pursuant to Chapter 211C, section 10, follow procedures established by these rules.

A.

If, in a matter relating to mental or physical disability, the Commission finds facts supporting sufficient cause to believe that a judge has a mental or physical disability that may be affecting the judge's ability to perform judicial duties and the judge is not represented by counsel, the Commission shall request that the Supreme Judicial Court appoint an attorney to represent the judge. Where the Commission has not made a request for counsel, at any stage of proceedings on a complaint alleging judicial disability, a judge may request that the Commission seek appointment of counsel to represent the judge and the Commission shall then request that the Court appoint an attorney to represent the judge. Any attorney appointed to represent the judge shall be compensated by the Commission according to the guidelines and rates set forth for special masters by Superior Court Rule 49.

B.

If a sworn complaint or statement of allegations involves the current or past mental or physical health of a judge, a denial of the alleged disability or condition shall constitute a waiver of medical privilege and the judge shall be required to produce any and all medical records relevant to the question of whether the judge has a mental or physical disability that may be affecting the judge's ability to perform judicial duties.

C.

In the event of a waiver of medical privilege, the judge shall be deemed to have consented to an examination by a qualified medical practitioner designated by the Commission. The report of the medical practitioner shall be furnished to the Commission and the judge. The judge's attorney and/or his or her representative may be present for any such examination.

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