RULE 6. CONFIDENTIALITY OF PROCEEDINGS - EXPUNGEMENT OF RECORDS

A. Proceedings.

(1) Before the filing and service of formal charges , all proceedings are confidential.

(2) After the filing and service of formal charges , all proceedings are public except incapacity proceedings as provided in Rule 25.

B. Information.

(1) Before the filing and service of formal charges , all information relating to a complaint that has not been dismissed must be held confidential by the commission and disciplinary counsel and their staffs, except the commission may disclose information:

(a) when the commission has determined there is a need to notify another person to protect that person or to notify a government agency in order to protect the public or the administration of justice; or

(b) upon waiver in writing by the judge.

(2) All information relating to a complaint that has been dismissed without formal charges being filed must be held confidential by the commission and disciplinary counsel and their staffs.

(3) Disciplinary counsel 's work product, commission deliberations and records of the commission's deliberations shall not be disclosed.

C. If a judge is publicly charged in proceedings before the Commission resulting in substantial unfairness to the judge, the Commission may, at the request of the judge involved, issue a short statement of clarification or correction.

If a judge is publicly associated with having engaged in reprehensible conduct or having committed a violation of the Code of Judicial Conduct, and after an investigation or a formal hearing it is determined there is no basis for further proceedings or for a recommendation of discipline, the Commission may issue a short explanatory statement.

If a formal hearing has been ordered in a proceeding in which the subject matter is generally known to the public, in which there is broad public interest, and in which confidence in the administration of justice is threatened due to lack of information concerning the status of the proceeding and requirements of due process, the Commission may issue one or more short announcements confirming the hearing, clarifying the procedural aspects, and defending the right of a judge to a fair hearing.

D. Every witness in every proceeding hereunder appearing at the instance of a hearing panel, or for the judge, shall testify under oath.

All notices, papers and pleadings delivered or mailed to a judge pursuant to these rules must be enclosed in a securely-sealed envelope marked "confidential," except in cases where personal service is required.

E. Disciplinary Counsel shall expunge records relating to dismissed complaints as follows:

(1) Destruction Schedule. All records or other evidence of the existence of a dismissed complaint must be destroyed three years after the dismissal.

(2) Retention of Records. Upon application to the commission by counsel, for good cause shown and with notice to the judge and the opportunity to be heard, records that should otherwise be expunged under this rule may be retained for additional time not exceeding three years as the commission directs. Counsel may, for good cause shown and with notice to the judge and opportunity to be heard, seek a further extension of the period for which retention of the records is authorized whenever a previous application has been granted for the maximum period of three years permitted under this subsection.