(a) The Commission and Executive Counsel. Except as otherwise permitted by the Rules in this Chapter, directly or by necessary implication, members of the Commission and the Executive Counsel to the Commission shall not engage in ex parte communications with Investigative Counsel, members of the Board, a judge against whom a complaint has been filed, or an attorney for that judge that pertain to the substance of a complaint against that judge.

(b) The Board. Except as otherwise permitted by the Rules in this Chapter, directly or by necessary implication, members of the Board shall not engage in ex parte communications with members of the Commission, the Executive Counsel to the Commission, Investigative Counsel, a judge against whom a complaint has been filed, or an attorney for that judge that pertain to the substance of a complaint against that judge.

Committee note: The Rules in this Chapter give the Executive Counsel to the Commission and the Chairs of the Commission and the Board certain functions that anticipate some ex parte communications with each other or with Investigative Counsel, the judge, or the judge's attorney that are necessary for them to perform their duties. See, for example, Rules 18-409.1 and 18-434, regarding applications for a subpoena; Rule 18-422 (a)(3), regarding a request for immunity; Rule 18-422 (a)(6), regarding an extension of time to complete an investigation; Rule 18-423 (b), permitting the Board to meet informally with the judge; and Rule 18-423 (d)(1)(B), allowing consultation between the Chair of the Commission and the Chair of the Board regarding the evidence to be produced before the Commission. The intent of this Rule is not to preclude those kinds of ex parte communications or any other ex parte communications permitted or anticipated by these Rules but only those that reasonably could leave the impression, intended or unintended, of an improper attempt to influence the nature, scope, or conduct of an investigation by Investigative Counsel, a recommendation by Investigative Counsel, or a proceeding or decision by the Commission or the Board. Commission and Board members should be guided by relevant provisions of Rule 18-202.9. This Rule also is not intended to preclude general supervision of Investigative Counsel, who is appointed by and serves at the pleasure of the Commission.

Source: This Rule is new and is based in part on ABA Model Rules for Judicial Disciplinary Enforcement, Rule 10.