CODE OF VIRGINIA

CONFIDENTIALITY OF PAPERS AND PROCEEDINGS (§ 17.1-913)

A. All papers filed with and proceedings before the Commission, and under §§
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.

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.