Rule 9 Abstention; Recusal; And Ex Parte Communications
III. Abstention, Recusal, Disqualification, And Grievances Against Counsel, Board Members, Hearing Officers, or Hearing Committee Members
Rule Text
(a) By Counsel. If Counsel determines that the ODC should abstain from a particular matter, Counsel shall inform the Board Chairperson, who shall appoint Special Assistant Disciplinary Counsel to discharge the powers and duties of Counsel.
(b) By Board Members. If a Board member determines that he or she should abstain from a particular matter, the Board member shall inform the Board Chairperson.
(c) By Hearing Officers or Hearing Committee Members. If a Hearing Officer or a Hearing Committee member determines that he or she should abstain from a particular matter, he or she shall inform the Board Chairperson.
(d) Ex Parte Communication. Except as otherwise provided herein, ex parte communications concerning a pending or impending proceeding between the ODC, a Respondent, or a Respondent’s counsel, on the one hand, and any member of the Board, a Hearing Officer or a member of a Hearing Committee, on the other hand, are prohibited.
Amendment history: Amended March 28, 2013, further amended April 24, 2014.