The federal judiciary is revamping its judicial conduct and disability rules, and the proposed reforms tackle a tricky subject:  How to treat allegations that a judge is no longer capable of performing her duties.

The proposed rules, which are now on the table for public comment, give a special committee of judges investigating a complaint the power to “consult appropriate experts or other professionals if it determines that such a consultation is warranted.”

For example, the proposal says, if the committee believes a judge may be unable to do her job because of mental or physical disability, it may ask the judge to undergo a medical or psychological examination and require the judge to share the results. The committee (which is appointed by a chief judge) may also ask for prior medical records.

If a judge refuses, the proposed rules say the committee can take the judge’s cooperation into account in its investigation. The proposed rules also suggest that a failure to cooperate could amount to misconduct itself, given that the Code of Conduct for U.S. Judges emphasizes the need to maintain public confidence in the judiciary.

In other words, the proposal leaves little room for a judge to refuse to undergo medical testing or to withhold medical records from a committee investigating her.

Federal judges are appointed for life. Slate and ProPublica reported in 2011 that about 12% of the sitting federal district and appellate judges were 80 years or older. At the time, 11 federal judges older than 90 were hearing cases. Together, the number of judges in those age groups had doubled in the 20 years prior.

A hearing on the proposed rules is scheduled for Oct. 30 in Washington, D.C.