Section 38. Diversion Procedure

(A) When a Judicial Officer enters a rehabilitation diversion program pursuant to this Chapter, the Board may defer filing formal charges with the Court of Judicial Discipline for a reasonable period of time to permit the completion of the program, provided that the Judicial Officer consents in writing to the release of treatment information and records relating to his or her participation in the program.

(B) When a Judicial Officer satisfactorily completes an approved inpatient rehabilitation program, the Board shall continue the matter for a twelve (12) month probationary period, which may be conditioned on the Officer’s continued participation in a recommended recovery program.

(C) If the rehabilitative intervention and the probationary period are deemed by the Board to have been satisfactorily completed, the Board will refrain from filing charges in the Court of Judicial Discipline and will dismiss the Complaint through the letter of counsel procedure outlined in J.C.B.R.P. 31(A)(2).

(D) If the Board determines that the applicant Judicial Officer has abandoned the recovery program, or has violated the terms in any substantial way, the Board may direct the filing of charges before the Court of Judicial Discipline, or take such other action as may be appropriate in the circumstances.