Ark. Code Ann. § 16-10-404 (2020)

1. The Judicial Discipline and Disability Commission shall initiate or shall receive information, conduct investigations and hearings, and make recommendations to the Supreme Court concerning:
   1. Allegations of judicial misconduct;
   2. Allegations of physical or mental disability of judges requiring leave or involuntary retirement; and
   3. Matters of voluntary retirement or leave for disability.
2. 1. Investigatory records, files, and reports of the Judicial Discipline and Disability Commission are confidential, and no disclosure of information, written, recorded, or oral, received or developed by the Judicial Discipline and Disability Commission in the course of an investigation related to alleged misconduct or disability of a judge shall be made except as follows:
      1. Upon waiver in writing by the judge at any stage of the proceedings;
      2. Upon inquiry by an appointing authority or by a state or federal agency conducting investigations on behalf of such authority in connection with the selection or appointment of judges;
      3. In cases in which the subject matter or the fact of the filing of charges has become public, if deemed appropriate by the Judicial Discipline and Disability Commission, it 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, and to state that the judge denies the allegations;
      4. Upon inquiry in connection with the assignment or recall of a retired judge to judicial duties, by or on behalf of the assigning authority;
      5. Upon the Judicial Discipline and Disability Commission's taking final action with respect to a complaint about a judge, notice of the final action shall become public information;
      6. Where the circumstances necessitating the initiation of an inquiry include notoriety, or where the conduct in question is a matter of public record, information concerning the lack of cause to proceed shall be released by the Judicial Discipline and Disability Commission;
      7. If, during the course of or after an investigation or hearing, the Judicial Discipline and Disability Commission reasonably believes that there may have been a violation of any rules of professional conduct of attorneys at law, the Judicial Discipline and Disability Commission may release such information to any committee, commission, agency, or body within or outside of the state empowered to investigate, regulate, or adjudicate matters incident to the legal profession;
      8. If, during the course of or after an investigation or hearing, the Judicial Discipline and Disability Commission reasonably believes that there may have been a violation of a law or rule falling under the jurisdiction of the Arkansas Ethics Commission, the Judicial Discipline and Disability Commission may release such information to the Arkansas Ethics Commission; or
      9. If, during the course of or after an investigation or hearing, the Judicial Discipline and Disability Commission reasonably believes that there may have been a violation of criminal law, the Judicial Discipline and Disability Commission shall release such information to the appropriate prosecuting attorney.
   2. All proceedings held prior to a determination of probable cause and the filing of formal charges shall be confidential. Any hearing scheduled after the filing of formal charges shall be open to the press and to the public, except that following the completion of the introduction of all evidence, the Judicial Discipline and Disability Commission may convene to executive session for the purpose of deliberating its final conclusions and recommendations, provided that, upon completion of the executive session, the final action of the Judicial Discipline and Disability Commission shall be announced in an open and public session.
   3. The Judicial Discipline and Disability Commission is authorized to request the appropriate prosecuting authorities to seek to obtain immunity from criminal prosecution for a reluctant witness using the procedure outlined in § 16-43-601 et seq.

History. Acts 1989, No. 637, § 2; 1993, No. 1078, § 1; 2013, No. 1115, § 2; 2015, No. 1152, § 1.

Publisher's Notes. Acts 1993, No. 1078, § 2, provided:

“It is hereby found that an Arkansas Supreme Court en banc decision, dated May 14, 1990 has left statues in conflict with the Commission's Rules of Procedure. In addition, because the commission is an agency of limited jurisdiction, strict confidentiality requirements have prevented the Commission from cooperating with enforcement agencies like the Supreme Court Committee on Professional Conduct and prosecuting attorneys. This legislation is necessary to conform statutes to the commission's Rules of Procedure and to provide an avenue of cooperation between the above mentioned enforcement agencies.”

Amendments. The 2013 amendment redesignated former (b)(1)(G) as present (b)(1)(G)(i); substituted “Judicial Discipline and Disability Commission” for “commission” throughout present (b)(1)(G)(i); and added (b)(1)(G)(ii).

The 2015 amendment redesignated (b)(1)(G)(i) and (b)(1)(G)(ii) as (b)(1)(G) and (b)(1)(H); and redesignated former (b)(1)(H) as (b)(1)(I).