2038 PHYSICAL EXAMINATION AND MEDICAL INFORMATION

2038.1 A judge seeking favorable recommendation for appointment or reappointment as a senior judge shall, contemporaneous with his or her request, submit on a form provided by the Commission a report of an examination by a physician together with a statement of such physician which attests to the physical and mental fitness of the judge to perform judicial duties.

2038.2 When deemed appropriate by the Commission, a judge seeking favorable recommendation for appointment or reappointment to a term as a senior judge shall submit to a physical or mental examination by a physician designated by it after consultation with the judge. The physician's report shall be given in writing to the Commission. Such examination and report shall be at the Commission's expense.

2038.3 At the Commission's request, a judge required to submit to a medical examination as prescribed in §§2038.1 and 2038.2 shall provide the Commission with all waivers and releases necessary to authorize the Commission to receive all medical records, reports, and information from any medical person, medical institution or other facility regarding the judge's physical or mental condition.

2038.4 The failure of a judge to submit to a physical or mental examination or to provide waivers and releases as required by §§2038.1, 2038.2 and 2038.3 may be considered by the Commission adversely to the judge.

2038.5 Copies of all medical records, reports, and information received by the Commission shall be provided to the judge at his or her request.

SOURCE: Final Rulemaking published at 34 DCR 2190, 2194 (April 3, 1987); as amended by Final Rulemaking published at 37 DCR 6032, 6046-47 (September 14, 1990); and Final Rulemaking published at 39 DCR 9333, 9347-48 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007).