Procedure for Considering Removal

(a)Any charges against any Justice or Judge must be in writing, signed by the person making the charge under oath, except that any charge initiated by the subcommittee must be signed by at least two

(2)members of the subcommittee. The subcommittee shall notify in writing every Justice or Judge against whom a charge is received and afford the Justice or Judge an opportunity to explain the charge. The subcommittee shall investigate all charges on a confidential basis, having available all the powers herein provided, and the proceedings shall not be public. If a majority of the members of the subcommittee determine that there is probable cause for belief that a Justice or Judge appears to be so incapacitated as substantially to prevent the Justice or Judge from performing judicial duties or has acted in a manner that constitutes willful misconduct in office, willful and persistent failure to perform judicial duties, habitual intemperance, or conduct so prejudicial to the administration of justice that brings the judicial office into disrepute, the subcommittee shall certify its findings to the Chief Justice of the Supreme Court, or to the most senior Associate Justice of the Supreme Court if the Chief Justice is the subject of the charges, within thirty

(30)days after such determination.

(b)Any Council member or individual, including the individual making the charge, who divulges information concerning the charge prior to the certification of the charge by the subcommittee to the Chief Justice of the Supreme Court, or if the investigation discloses that the certification should not be issued by the subcommittee, any Council member or individual who divulges at any time any information concerning the original charge or divulges the contents or discloses any matter except as permitted by this Title, shall be guilty of a misdemeanor.

(c)In the event that the subcommittee determines that a Judge or Justice should be removed from office, the Attorney General shall present the case to the Supreme Court pursuant to the provisions of § 5107, infra.