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Rule 17. Cases Involving Mental or Physical Disability.
A. Procedure. When considering allegations of mental or physical disability, the Commission shall, except as provided in this rule, follow procedures established by Rules 1 through 16.
B. Special Provisions.
(1) If the Commission finds probable cause to believe that a judge suffers from a mental or physical disability and the judge is not represented by counsel, the Commission may appoint an attorney to represent the judge at Commission expense.
(2) If the judge is charged with a disability or raises a disability as an affirmative defense to misconduct, in accordance with A.S.22.30.066(b), the Commission may request the judge to submit to a physical or mental examination by an independent medical expert. The report of the medical expert shall be furnished to both the Commission and the judge. If the judge refuses to submit to the examination, the Commission shall determine the issue for which the examination was required adversely to the judge.
(3) The Commission shall bear the costs of disability proceedings.
(Adopted November 1, 1991)

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Last Modified 7/14/1999