Va. Code » Title 17.1. Courts of Record » Chapter 9. Judicial Inquiry and Review Commission
Virginia Code

Va. Code Ann. § 17.1-913 (2026)

Confidentiality of papers and proceedings; exception

✓ current as of May 2026
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A. Except as provided in subsection C, all papers filed with and proceedings before the Commission, and under §§ 17.1-909 and 17.1-910, including the identification of the subject judge as well as all testimony and other evidence and any transcript thereof made by a reporter, shall be confidential and shall not be divulged, other than to the Commission, by any person who (i) either files a complaint with the Commission, or receives such complaint in an official capacity; (ii) investigates such complaint; (iii) is interviewed concerning such complaint by a member, employee or agent of the Commission; or (iv) participates in any proceeding of the Commission or in the official recording or transcription thereof, except that the record of any proceeding filed with the Supreme Court shall lose its confidential character. However, if the Commission finds cause to believe that any witness under oath has willfully and intentionally testified falsely, the Commission may direct the chairman or one of its members to report such finding and the details leading thereto including any transcript thereof to the attorney for the Commonwealth of the city or county where such act occurred for such disposition as to a charge of perjury as the Commonwealth may be advised. In any subsequent prosecution for perjury based thereon, the proceedings before the Commission relevant thereto shall lose their confidential character.

All records of proceedings before the Commission which are not filed with the Supreme Court in connection with a formal complaint filed with that tribunal, shall be kept in the confidential files of the Commission.

However, a judge who is under investigation by the Commission, or any person authorized by him, may divulge information pertaining to a complaint filed against such judge as may be necessary for the judge to investigate the allegations in the complaint in preparation for the proceedings before the Commission.

B. Advice on judicial ethics given by an attorney employed by the Commission to a judge and the records of such advice shall be confidential and not be divulged except as permitted in subsection A. However, the Commission may share such advice, but not the identity of the judge to whom the advice was given, with a committee established by the Supreme Court for the development of formal judicial ethics advisory opinions. Any such shared information shall remain confidential within such committee.

C. The Commission shall notify a complainant of the final decision made or action taken in regards to his filed complaint within 30 days of such decision or action. Such notice shall include the decision made or action taken by the Commission. The confidentiality provisions of subsection A shall not apply to notifications made by the Commission under this subsection.

1971, Ex. Sess., c. 154, § 2.1-37.13; 1979, c. 11; 1984, c. 650; 1993, c. 92; 2001, c. 844; 2005, c. 508; 2023, c. 329.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2004–2022 · leading case: Jud. Inquiry & Review Com'n of Va v. Taylor, 685 S.E.2d 51 (Va. 2009).
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Jud. Inquiry & Review Com'n of Va v. Taylor, 685 S.E.2d 51 (Va. 2009). · cites it 10× “In an accompanying letter, which addressed the admission of documents relating to prior contacts, the Commission stated that, pursuant to Code § 17.1-913, whatever record the Commission files with its complaint in this Court becomes public.”
Jud. Inquiry & Review Com'n v. Elliott, 630 S.E.2d 485 (Va. 2006). · cites it 2× “The structure of the rule is significant and entirely consistent with the goal of confidentiality embodied in Code § 17.1-913, while permitting the Commission to exercise a broad range of dispositional options in performing its legislative mandate in a fair manner in a…”
In Re: Hon. Adrianne L. Bennett (ORDER) (Va. 2022). · cites it 17× “Now that the matter is before the Court, we should own up to our mistake and provide statutory and constitutionally satisfactory reasons — if any exist — that justify our continued sealing of the JIRC documents.”
Zaleski v. Jud. Inquiry & Review Comm'n, 64 Va. Cir. 495 (Richmond County Cir. Ct. 2004). · cites it 9× “Defendant, Judicial Inquiry and Review Commission, asserts that all such records are confidential and cannot be disclosed under Va. Code Ann § 17.1-913. Section 17.1-913 of the Code provides in pertinent part: All papers filed with and proceedings before the Commission .”
— Va. Code Ann. § 17.1-913(A) — 2 cases
Jud. Inquiry & Review Com'n of Va v. Taylor, 685 S.E.2d 51 (Va. 2009). “In an accompanying letter, which addressed the admission of documents relating to prior contacts, the Commission stated that, pursuant to Code § 17.1-913, whatever record the Commission files with its complaint in this Court becomes public.”
In Re: Hon. Adrianne L. Bennett (ORDER) (Va. 2022). “Now that the matter is before the Court, we should own up to our mistake and provide statutory and constitutionally satisfactory reasons — if any exist — that justify our continued sealing of the JIRC documents.”
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