§ 45. Confidentiality of records. 1. Except as hereinafter provided,
all complaints, correspondence, commission proceedings and transcripts
thereof, other papers and data and records of the commission shall be
confidential and shall not be made available to any person except
pursuant to section forty-four of this article. The commission and its
designated staff personnel shall have access to confidential material in
the performance of their powers and duties. If the judge who is the
subject of a complaint so requests in writing, copies of the complaint,
the transcripts of hearings by the commission thereon, if any, and the
dispositive action of the commission with respect to the complaint, such
copies with any reference to the identity of any person who did not
participate at any such hearing suitably deleted therefrom, except the
subject judge or complainant, shall be made available for inspection and
copying to the public, or to any person, agency or body designated by
such judge.

2. Notwithstanding any provision in this section, the commission, with
the consent of the applicant, shall provide the record of any proceeding
pursuant to a formal written complaint against an applicant for judicial
appointment in which the applicant's misconduct was established, any
pending complaint against an applicant, and the record to date of any
pending proceeding pursuant to a formal written complaint against an
applicant for judicial appointment:

(a) to the commission on judicial nomination established by article
three-A of this chapter, with respect to applicants for appointment to
the court of appeals;

(b) to the governor with respect to all applicants whom the governor
indicates are under consideration for any judicial appointment; and

(c) to the temporary president of the senate and the chairman of the
senate judiciary committee with respect to all nominees for judicial
appointments which are subject to the advice and consent of the senate.
The commission shall respond within fifteen days of a request for the
information provided for in this subdivision.