Rule 36. Petition for Rehabilitative Diversion.
(A) When the Board finds probable cause to investigate a Complaint alleging misconduct involving substance abuse, the Board may notify the Judicial Officer of its investigation and provide the Judicial Officer with an opportunity to petition the Board for permission to enter a rehabilitative diversion program acceptable to the Board prior to the filing of formal charges with the Court of Judicial Discipline.
(B) Such petition shall be filed with the Board promptly. Absent Board approval, a petition shall not be considered if filed after the Judicial Officer’s response to the Board’s Notice of Full Investigation (see Rules of Procedure of the Judicial Conduct Board outlined in Rule 30B).
(C) The petition for rehabilitative diversion shall contain
(1) the Judicial Officer’s verified statement that he/she desires to participate in a qualified treatment program;
(2) a release giving Board Counsel access to all information and records bearing on the rehabilitative program, including information concerning the applicant’s past substance abuse and treatment, as well as the proposed rehabilitative program;
(3) a stipulation as to facts which are agreed to by the Judicial Officer and Board Counsel relevant to the formal charges; and agreement of the admissibility of such stipulation in any future proceeding before the Court of Judicial Discipline;
(4) a waiver by the Judicial Officer of the right to file pre-trial motions based on grounds then known to the applicant unless specifically modified as exceptions to the waiver; and
(5) the Judicial Officer’s consent to submit to testing for drug or alcohol consumption during any probationary period later imposed.
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