(a) The commission shall adopt rules implementing this chapter and providing for confidentiality of proceedings.
(b) All proceedings, records, files, and reports of the commission are confidential and disclosure may not be made except
(1) upon waiver in writing by the judge at any stage of the proceedings;
(2) if the subject matter or the fact of the filing of charges has become public, in which case the commission may issue a statement in order to confirm the pendency of the investigation, to clarify the procedural aspects of the proceedings, to explain the right of the judge to a fair hearing, or to state that the judge denies the allegations; or
(3) upon filing of formal charges, in which case only the charges, the subsequent formal hearing, and the commission's ultimate decision and minority report, if any, are public; even after formal charges are filed, the deliberations of the commission concerning the case are confidential.