Current through Register Vol. 54, No. 44, November 2, 2024
(a)
General
rule. Enforcement Rule 220(a) provides that a member of the Board or a
hearing committee member or a special master shall withdraw from participating
in a matter or proceeding where there is a substantial showing that the member
or special master cannot participate in a fair and reasonable manner, including
but not limited to instances where the member or special master:
(1) has a fixed bias or prejudice for or
against the respondent-attorney, or personal knowledge of disputed evidentiary
facts relating to the matter or proceeding;
(2) served as a lawyer in connection with any
events relating to the matter or proceeding, or a lawyer with whom the member
or special master practices law served as a lawyer in connection with any
events relating to the matter or proceeding;
(3) individually or as a fiduciary, or any
minor child of the member or special master living in his or her household or
the spouse of the member or special master, has a financial interest in any
events relating to the matter or proceeding.
(b)
Procedure for recusal.
Enforcement Rule 220(b) provides that a motion to disqualify a member of the
Board or a hearing committee member or a special master shall be made in
accordance with these rules, but the making of such a motion shall not stay the
conduct of the proceedings or disqualify the challenged member or special
master pending disposition of the motion. The procedures applicable to a motion
for recusal shall be as follows:
(1) The
motion shall be filed and served in accordance with Chapter 89 Subchapter A
(relating to preliminary provisions).
(2) In the case of a motion to disqualify a
hearing committee member or special master, the motion must be filed within 15
days after the party filing the motion has been given notice of the referral of
the matter to the hearing committee or special master and must specify the
grounds upon which the motion is based.
(3) The motion shall be ruled upon by the
challenged member or special master.
(4) An interlocutory appeal from the decision
on the motion may be filed with the Board within five business days after the
decision on the motion. The appealing party shall serve a copy of the appeal on
the nonappealing party by mail on the date that the appealing party files the
appeal, and the nonappealing party may file a response within five business
days after delivery. The appeal shall be ruled upon by the Board Chair, or the
Vice-Chair when the Chair is unavailable.
