information. A justice, judge or justice of the peace who is the
subject of a complaint filed with the board or initiated by the
board or of an investigation conducted by the board shall be
apprised of the nature and content of the complaint and afforded
an opportunity to respond fully to the complaint prior to any
probable cause determination by the board. All proceedings of
the board shall be confidential except when the subject of the
investigation waives confidentiality. If, independent of any
action by the board, the fact that an investigation by the board
is in progress becomes a matter of public record, the board may,
at the direction of the subject of the investigation, issue a
statement to confirm that the investigation is in progress, to
clarify the procedural aspects of the proceedings, to explain
the rights of the subject of the investigation to a fair hearing
without prejudgment or to provide the response of the subject of
the investigation to the complaint. In acting to dismiss a
complaint for lack of probable cause to file formal charges, the
board may, at its discretion, issue a statement or report to the
complainant or to the subject of the complaint, which may
contain the identity of the complainant, the identity of the
subject of the complaint, the contents and nature of the
complaint, the actions taken in the conduct of the investigation
and the results and conclusions of the investigation. The board
may include with a report a copy of information or evidence
acquired in the course of the investigation.
(9) If the board finds probable cause to file formal charges
concerning mental or physical disability against a justice,
judge or justice of the peace, the board shall so notify the
subject of the charges and provide the subject with an
opportunity to resign from judicial office or, when appropriate,
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