Garner v. Cherberg

(dissenting) — The State Constitution specifically authorizes a judge under investigation by the Commission on Judicial Conduct to waive the confidentiality of the Commission's initial proceedings including its investigative records. Since Judge Little expressly and in writing waived that confidentiality, I would hold that the Commission is required to honor the subpoena duly issued by the Senate Rules Committee. Accordingly, I dissent from the majority's opinion holding to the contrary.

The present action, although styled an "Original Action Against a State Officer", is in reality an action…