Rule 1 - Receipt and Review of Complaint; InvestigationA. Complaints of judicial misconduct and disability shall be made in writing and shall be signed by the complainant. Each complaint received shall be assigned a number and a docket, and receipt of the complaint shall be acknowledged. B. The Committee shall consider each complaint received to determine whether it is of a type within the Committee's authority and whether it describes conduct that could constitute a violation of the Code of Judicial Conduct. (i) If the Committee is unable to make that determination on the basis of the complaint alone it may, through its staff, obtain additional information from the complainant or from court records of proceedings related to the complaint. In special circumstances where the nature of the allegations suggests that prior notice to the person complained against might create a significant risk of compromising the Committee's ability to obtain information necessary to accurately assess the complaint, the Committee may conduct a preliminary investigation, but not involving the use of subpoena power, and designed, to the extent practical, to preserve the confidentiality of the complaint and the preliminary investigation. (ii) If the Committee determines that a complaint is not of a type within the Committee's authority or that the complaint does not constitute judicial misconduct, it shall dismiss the complaint, notify the complainant of its decision, and notify the person complained against of the nature of the complaint and the Committee's decision. The Committee may also provide the person complained against with a copy of the complaint dismissed under sub-paragraphs (i) and (ii), and shall provide such a copy upon request unless the Committee determines that knowledge of the complaint or of the complainant's identity might interfere at that time with pending court proceedings or compromise future court proceedings, or would cause a significant risk of harm to the interests of the complainant or others involved in the complaint. (iii) If the Committee determines that a complaint is within the Committee's authority and describes conduct that could constitute a violation of the Code of Judicial Conduct, it shall communicate the complaint to the person complained against by providing that person with a copy of the written complaint and shall request a written response. The Committee may conduct such investigation of the matter as it deems appropriate. If the Committee determines that the complaint is unfounded or frivolous or otherwise provides insufficient cause for proceeding, it shall dismiss the complaint and notify the complainant and the person complained against of its decision. (iv) The dismissal of any complaint by the Committee does not preclude later consideration of the matters involved in that complaint to the extent that they may evidence a pattern or practice of judicial misconduct, or are otherwise relevant to the consideration of any other complaint or matter properly before the Committee under these rules. A complaint dismissed by the Committee may be reconsidered if new information is received upon the basis of which the Committee determines that such reconsideration is necessary to fulfill the purposes of the judicial disciplinary process. C. The Committee may initiate an investigation of a matter within its authority on its own motion. Me. R. Jud. Resp. & Disab. Comm. 1
Amended effective 3/7/1986;10/1/1998.