R. Judi. Qual. Commi. Ga. 18
If a complaint has been dismissed due to insufficient evidence, the allegations made in that complaint shall not be used for any purpose in any judicial or lawyer disciplinary proceeding against the judge. If, however, additional information becomes known to the Director regarding a complaint that has been dismissed due to insufficient evidence before the filing of formal charges, the allegations may be reconsidered with the permission of the Investigative Panel.
R. Judi. Qual. Commi. Ga. 18
Commentary
[1] A judge should not be subject forever to possible disciplinary action based on a complaint that has been investigated and dismissed due to insufficient evidence. It is unfair to use these inadequately supported complaints to establish a pattern or practice of misconduct. If, however, additional evidence is discovered that adds substance to the allegations of a complaint previously dismissed due to insufficient evidence, it is appropriate to reconsider the allegations of the original complaint. In determining whether to consider such allegations, the Investigative Panel may wish to consider factors such as length of time elapsed, the alleged harm caused, possible disruption to the judicial system, the extent of the original investigation, the good faith of the complainant, and other appropriate factors.
[2] These Rules do not adopt any statute of limitations as to incumbent judges. The conduct of a judge, no matter when it has occurred, is always relevant to the question of fitness for office. The time between the commission of alleged misconduct and the initiation of a complaint based on the conduct is relevant to whether and to what extent discipline should be imposed, but is not relevant to limit the Commission's power to investigate. As to former judges and judicial candidates, see Rule 2.B (2).