§ 44. Complaint; investigation; hearing and disposition. 1. The\ncommission shall receive, initiate, investigate and hear complaints with\nrespect to the conduct, qualifications, fitness to perform, or\nperformance of official duties of any judge, and, in accordance with the\nprovisions of subdivision d of section twenty-two of article six of the\nconstitution, may determine that a judge be admonished, censured or\nremoved from office for cause, including, but not limited to, misconduct\nin office, persistent failure to perform his duties, habitual\nintemperance and conduct, on or off the bench, prejudicial to the\nadministration of justice, or that a judge be retired for mental or\nphysical disability preventing the proper performance of his judicial\nduties. A complaint shall be in writing and signed by the complainant\nand, if directed by the commission, shall be verified. Upon receipt of a\ncomplaint (a) the commission shall conduct an investigation of the\ncomplaint; or (b) the commission may dismiss the complaint if it\ndetermines that the complaint on its face lacks merit. If the complaint\nis dismissed, the commission shall so notify the complainant. If the\ncommission shall have notified the judge of the complaint, the\ncommission shall also notify the judge of such dismissal.\n 2. The commission may, on its own motion, initiate an investigation of\na judge with respect to his qualifications, conduct, fitness to perform\nor the performance of his official duties. Prior to initiating any such\ninvestigation, the commission shall file as part of its record a written\ncomplaint, signed by the administrator of the commission, which\ncomplaint shall serve as the basis for such investigation.\n 3. In the course of an investigation, the commission may require the\nappearance of the judge involved before it, in which event the judge\nshall be notified in writing of his required appearance, either\npersonally, at least three days prior to such appearance, or by\ncertified mail, return receipt requested, at least five days prior to\nsuch appearance. In either case a copy of the complaint shall be served\nupon the judge at the time of such notification. The judge shall have\nthe right to be represented by counsel during any and all stages of the\ninvestigation in which his appearance is required and to present\nevidentiary data and material relevant to the complaint. A transcript\nshall be made and kept with respect to all proceedings at which\ntestimony or statements under oath of any party or witness shall be\ntaken, and the transcript of the judge's testimony shall be made\navailable to the judge without cost. Such transcript shall be\nconfidential except as otherwise permitted by section forty-five of this\narticle.\n 4. If in the course of an investigation, the commission determines\nthat a hearing is warranted it shall direct that a formal written\ncomplaint signed and verified by the administrator be drawn and served\nupon the judge involved, either personally or by certified mail, return\nreceipt requested. The judge shall file a written answer to the the\ncomplaint with the commission within twenty days of such service. If,\nupon receipt of the answer, or upon expiration of the time to answer,\nthe commission shall direct that a hearing be held with respect to the\ncomplaint, the judge involved shall be notified in writing of the date\nof the hearing either personally, at least twenty days prior thereto, or\nby certified mail, return receipt requested, at least twenty-two days\nprior thereto. Upon the written request of the judge, the commission\nshall, at least five days prior to the hearing or any adjourned date\nthereof, make available to the judge without cost copies of all\ndocuments which the commission intends to present at such hearing and\nany written statements made by witnesses who will be called to give\ntestimony by the commission. The commission shall, in any case, make\navailable to the judge at least
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