Comm. R. XII Recusal or Disqualification.

A. A Commission member shall recuse himself or herself in any matter in which recusal would be required by a judge under the Code of Judicial Conduct or where his or her impartiality might reasonably be questioned. In all other cases, a member shall not recuse himself or herself. A Commission member is automatically recused from any matter in which he or she is the complainant, or the respondent, or a witness.

B. If a respondent judge or Special Counsel believes there are grounds to recuse a Commission member or a member of the Commission’s staff, he or she may file with the Commission a written motion requesting such recusal. In the event the Commission member or staff member does not recuse himself or herself in response to the motion, the motion to recuse shall be considered at the next regularly scheduled Commission meeting or may be decided by the Commission by video conference, telephone, or other poll, in the discretion of the Chair or the Chief Executive Officer, as circumstances may require.

C. If a Commission member believes there are grounds to recuse another Commission member or a member of the Commission’s staff, he or she may raise the issue to the Commission Chair, who will present the recusal issue to the Commission member or staff member for response. In the event the Commission member or staff member does not recuse himself or herself in response to the motion or recusal issue, the Commission member-initiated recusal issue (if the Commission member wishes to pursue the issue) shall be considered at the next regularly scheduled Commission meeting or may be decided by the Commission by video conference, telephone, or other poll, in the discretion of the Chair or the Chief Executive Officer, as circumstances may require.

D. In the case of a Commission member-initiated recusal, the person whose recusal is sought shall have the right to submit a written response to the recusal issue, to attend the meeting during which his or her recusal is discussed, and to speak prior to the Commission’s deliberation on the recusal issue.

E. The Commission may, but shall not be obligated to, grant a hearing on a motion to recuse.

F. During deliberation on the motion to recuse or member-initiated recusal issue, the Commission member or staff member whose recusal is sought shall not be present or otherwise participate.

G. Nothing in this Rule shall prohibit or prevent a Commission member or member of the Commission’s staff from seeking guidance from the Commission about whether the member or staff member should self-recuse from a matter prior to the filing of a written motion to recuse.

H. Unless a Commission member or member of the Commission’s staff is the complainant, respondent, or a witness; after the filing of a written motion to recuse, self-recused or was involuntarily recused; or was involuntarily recused after a member-initiated recusal, the recused member or staff member may, at their option, continue to receive confidential information regarding the matter from which the member is recused but may not vote or deliberate on the matter. [Amended effective January 29, 2021]

Note: See also La. C.Cr.P. art. 671 and C.C.P. art. 151(B).