Rule 1:35A-3. Records

(a) Confidentiality. All records and information obtained and maintained by the Judicial Performance Program concerning judicial performance shall be confidential and shall not be disclosed except in accordance with this Rule. The Program shall ensure the confidentiality of information received under the evaluation program regarding the performance of judges, and shall ensure the confidentiality of the identity and preserve the anonymity of responding individuals and other persons who may be requested to furnish evaluation information.

(b) Disclosure. Individual records and information pertaining to the performance and evaluation of judges shall not be disclosed except as follows:

(1) A judge may obtain summaries of responses to questionnaires or other information concerning the judge's own performance, provided that the summaries are presented in a manner that will not disclose the identity of any person furnishing such responses or information. Such responses or information shall be disclosed only if based on sufficient data to ensure the statistical reliability of the evaluation information.

(2) Records or information of the Program concerning the performance of a judge may be disclosed to the Supreme Court, the Assignment Judge of that judge's vicinage, and the Judicial Evaluation Commission established pursuant to Rule 1:35A-4.

(3) Information of the Program concerning the performance of a judge who is under consideration for reappointment may be disclosed to the Governor and the Senate Judiciary Committee, under such conditions as the Court may deem appropriate. Such information shall be presented in the form of summaries of aggregate data of performance evaluation pertaining to the judge being considered for reappointment. A copy of such information shall be furnished to the judge, who may present to the Supreme Court written objections to or comments thereto prior to its disclosure.

(4) Notwithstanding these restrictions and conditions on disclosure, upon the written request of a judge, and for good cause, the Supreme Court may release evaluation information relating to the performance of the judge. The manner and content of any such disclosure shall be consistent with the objectives of the Judicial Performance Program, shall not reveal the names of responding individuals or specific court matters involved, and shall comport with notions of fairness to the judge and the preservation of the independence and integrity of the Judiciary.