RULE 10. FILING OF COMPLAINTS, SCREENING, AND INVESTIGATION

A. Filing of Complaints and Screening. All complaints except those upon motion by the commission or initiated by disciplinary counsel must be in writing, signed by the complainant, and filed with counsel. If there is no written complaint from another person, counsel's written statement of the allegations constitutes the complaint . Counsel shall evaluate all information coming to disciplinary counsel 's attention by complaint or from other sources that alleges judicial misconduct or incapacity. If counsel concludes the information would not constitute misconduct or incapacity if it was true, the complaint may be summarily dismissed. At least every 30 days, counsel shall submit to the commission a list of all complaints considered subject to summary dismissal. The list must include a summary of reasons for each dismissal. Upon review of the reported complaints, any commission member may, within 10 days of the date the list was mailed, request that the commission further consider a particular complaint . If the commission concludes summary dismissal of a particular complaint may be inappropriate, the commission shall direct that counsel conduct further investigation. Counsel shall issue a letter of summary dismissal if a request for further consideration is not received within 10 days of the date the list of complaints was mailed or if the commission, following further consideration, notifies counsel that further investigation is not required and summary dismissal is appropriate. If the information evaluated by counsel raises allegations that would constitute judicial misconduct or incapacity if true, counsel shall conduct an investigation.

B. Investigation.

(1) Disciplinary counsel may conduct interviews and examine evidence to determine whether grounds exist to believe the allegations of complaints.

(2) If disciplinary counsel believes there is evidence supporting the allegations against a judge, counsel shall give the following notice to the judge:

(a) a specific statement of the allegations being investigated and the canons allegedly violated, with the provision that the investigation can be expanded if appropriate;

(b) the judge's duty to respond under Section B(3);

(c) the judge's opportunity to meet with disciplinary counsel under Section B(4); and

(d) the name of the complainant.

(3) Disciplinary counsel may request the judge file a written response within 20 days after service of the notice under Section B(2).

(4) Before the commission determines its disposition of the complaint under Section D, either disciplinary counsel or the judge may request an appearance by the judge before disciplinary counsel to respond to questions. The appearance must be on the record. If disciplinary counsel requests the judge's appearance, disciplinary counsel must give the judge 20 days' notice and the testimony must be sworn.

(5) Disciplinary counsel is authorized to issue subpoenas pursuant to Rule 19 and shall conduct all investigations.

D. Disposition After Investigation.

(1) Upon the conclusion of an investigation, disciplinary counsel may recommend to the commission:

(a) dismissal;

(b) admonition or deferred discipline agreement ;

(c) the filing of formal charges ;

(d) the filing of a petition for transfer to incapacity inactive status;

(2) The commission may adopt, reject or modify the recommendations of disciplinary counsel or direct that counsel conduct further investigation. If the commission finds misconduct for which the imposition of discipline is not warranted it may dismiss. If the commission finds that there is probable cause to believe the judge committed misconduct,

(a) it may propose an admonition or deferred discipline agreement to the respondent and if the respondent consents, it shall admonish the respondent or implement the deferred disciplinary agreement; in addition, it may assess costs against the respondent as a condition of the admonition or deferred disciplinary agreement;

(b) if the respondent does not consent to the admonishment or the deferred discipline, the commission may direct that disciplinary counseleither file formal charges or dismiss the complaint; or

(c) it may direct that disciplinary counsel file formal charges .

E. Immunity from Criminal Prosecution. If a witness invokes the privilege against self-incrimination as a basis for refusing to answer a question or produce other evidence that may be relevant to a discipline or incapacity proceeding, disciplinary counsel may apply, with the approval of the attorney general, to the district court for a grant of immunity from criminal prosecution and shall give notice of the application to the state's attorney. If the court grants the order, the witness may not refuse to comply with the order on the basis of the witness's privilege against self-incrimination, but no testimony or other evidence compelled under such an order may be used against the witness in any criminal case. The witness may be prosecuted for perjury or contempt committed in answering or failing to answer in accordance with the order.