II.  Privileged Communications

Rule 4.  Privileged Communications.
The following are privileged communications and shall not be divulged to any person or court.

1. All communications between the commission and its staff.

2. All deliberations of the commission.

3. All communications either oral or written between general counsel and/or executive director and members of the commission.

4. All communications between general counsel or executive director and commission staff, prosecuting officers, or commission investigators.

Rule 5.  Sanctions for violation of confidentiality.
Any person who breaches the confidentiality of judicial disciplinary proceedings is subject to being found guilty of contempt pursuant to and consistent with the provisions of NRS 1.4683, 1.4685 and 1.4693. In addition, members of the commission who are judges are subject to disciplinary proceedings before the commission for violation of the Nevada Code of Judicial Conduct, and are also subject to removal as members of the commission upon order of the supreme court. Other members of the commission who serve on the commission as judges of judicial discipline are subject to appropriate discipline for violation of the Nevada Code of Judicial Conduct.

Rule 6.  Formal charges.
Upon the filing of the formal statement of charges, said statement and other documents later formally filed with the commission shall be made accessible to the public, and hearings shall be open. The commission's deliberative sessions must remain private. The filing of the formal statement of charges does not justify the commission, its counsel or staff in making public any correspondence, notes, work papers, interview reports, or other evidentiary matter, except at the formal hearing or with explicit consent of the respondent.

Rule 7.  Public statements by commission.
In any case in which the subject matter becomes public, through independent sources, or upon a finding of probable cause and filing of a formal statement of charges, the commission may issue statements as it deems appropriate in order to confirm the pendency of the investigation, to clarify the procedural aspects of the disciplinary proceedings, to explain the right of the respondent to a fair hearing without prejudgment, and to state that the respondent denies the allegations. At all times, however, the commission, its counsel and staff shall refrain from any public or private discussion about the merits of any pending or impending matter, or discussion which might otherwise prejudice a respondent's reputation or rights to due process.