(1) Duty to Conduct; Notice to Board and Commission. If a complaint is not dismissed in accordance with Rule 18-421, Investigative Counsel shall conduct an investigation to determine whether there are reasonable grounds to believe that the judge may have a disability or impairment or may have committed sanctionable conduct. Investigative Counsel shall inform the Board and the Commission promptly that the investigation is being undertaken.

(2) Investigative Subpoena. The issuance of an investigative subpoena is governed by Rule 18-409.1 (a).

(3) Grant of Immunity. Upon application by Investigative Counsel and for good cause, the Commission may grant immunity to any person from prosecution, or from any penalty or forfeiture, for or on account of any transaction, matter, or thing concerning which that person testifies or produces evidence, documentary or otherwise.

(4) Notice to Judge.

Committee note: If, pursuant to subsection (a)(4)(A) or (B) of this Rule, the judge had received notice of the opening of a file, the judge also must be given notice that the complaint was dismissed or that any inquiry by Investigative Counsel pursuant to Rule 18-421 (f) was terminated.

(5) Opportunity of Judge to Respond. Upon the issuance of notice pursuant to subsection (a)(4) of this Rule, Investigative Counsel shall afford the judge a reasonable opportunity prior to concluding the investigation to present such information as the judge chooses and shall give due consideration to the judge's response before concluding the investigation.

(6) Time for Completion. Investigative Counsel shall complete an investigation within 90 days after the investigation is commenced. Upon application by Investigative Counsel within the 90-day period and for good cause, the Board, with the approval of the Chair of the Commission, may extend the time for completing the investigation for a reasonable period. An order extending the time for good cause shall be in writing and shall articulate the basis of the good cause. The Commission may dismiss any complaint and terminate the investigation for failure to comply with the time requirements of this section.

(1) Duty to Make. Upon completion of an investigation, Investigative Counsel shall make a report of the results of the investigation in the form that the Commission requires.

(2) Contents.

(3) Recipients of Report.

Committee note: A complaint may be dismissed outright and without a letter of cautionary advice for various reasons, at different stages, and by different entities. Investigative Counsel may dismiss a claim on Investigative Counsel's own initiative, without opening a file, pursuant to Rule 18-421 (b). In that instance, no notice need be given to the judge. If Investigative Counsel opens a file pursuant to Rule 18-421 (e) or (f) and performs an investigation under this Rule, Investigative Counsel may recommend dismissal without a letter of cautionary advice because, as a factual matter, there is insufficient evidence of a disability, impairment, or sanctionable conduct or because the complaint is stale. In that situation, if the Commission, or, in the case of a stale complaint, the Board adopts the recommendation, there is no need for notice to the judge unless the judge has requested such notice. If a matter other than a stale complaint proceeds to the Board, the judge must receive notice, even if the ultimate decision is to dismiss the complaint.