Cross reference: For the issuance of subpoenas pertaining to discovery proceedings, see Rule 18-409.1 (b).

Committee note: A judge's failure to cooperate in discovery may warrant an amendment to the charges in accordance with Rule 18- 431 (g).

(b) Open File. Upon request by the judge or the judge's attorney, at any time after service of charges upon the judge, (1) the Executive Counsel of the Commission shall allow the judge or attorney to inspect and copy the entire Commission record and (2) Investigative Counsel shall (A) allow the judge or attorney to inspect and copy all evidence accumulated during the investigation and all material, information, and statements as defined in Rule 2-402 (f), (B) provide summaries or reports of all oral statements for which contemporaneously recorded substantially verbatim recitals do not exist, and (C) certify to the judge in writing that, except for material that constitutes attorney work product or that is subject to a lawful privilege or protective order issued by the Commission, the material disclosed constitutes the complete record of Investigative Counsel as of the date of inspection.

(c) Exculpatory Evidence. Whether as part of the disclosures pursuant to section (b) of this Rule or otherwise, no later than 30 days prior to the scheduled hearing, Investigative Counsel shall disclose to the judge all statements or other evidence of which Investigative Counsel is aware that (1) directly negates any allegation in the charges, (2) would be admissible to impeach a witness intended to be called by Investigative Counsel, or (3) would be admissible to mitigate a permissible sanction. This obligation includes exculpatory information that is included in Investigative Counsel's Report to the Board.

(d) Witnesses. No later than 30 days prior to the scheduled hearing, Investigative Counsel shall provide to the judge the names and addresses of all persons, other than a rebuttal witness, Investigative Counsel intends to call at the hearing. No later than 25 days prior to the scheduled hearing, the judge shall provide to Investigative Counsel the names and addresses of all persons, other than a rebuttal witness, the judge intends to call at the hearing.