Confidentiality.

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(1) Except as provided in subsection (3) of this section, all self-evaluations, personal information protected under section 24-72-204 (3)(a)(II), additional oral or written information, content of any judicial improvement plans, and any matter discussed in executive session is confidential except as otherwise specifically provided by rule. All surveys must allow for the participant's name to remain confidential. Comments in surveys are confidential but may be summarized in aggregate for use in judicial performance evaluation narratives. A commissioner shall not publicly discuss the evaluation of a particular justice or judge.

  1. Except as provided in subsection (3) of this section, all recommendations and narratives are confidential until released to the public on the first day following the deadline for justices and judges to declare their intent to stand for retention.

  2. Information required to be kept confidential pursuant to this article 5.5 may be released only under the following circumstances:

  1. To the supreme court attorney regulation committee, as provided by rule of the statecommission;

  2. To the commission on judicial discipline, as provided by rule of the state commission; or

  3. With the consent of the justice or judge being evaluated.

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1778, § 1, effective August 9.

Editor's note: This section is similar to former § 13-5.5-106.5 as it existed prior to 2017.


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