Rule 15 Disqualification
Rule Text
(A) Applicability. This rule applies to all Board members.
(B) Who May Raise. A judicial officer who is the subject of a proceeding may raise the issue of a Board member’s disqualification or a Board member may raise it.
(C) Grounds. Disqualification of a Board member to decide or participate in a decision of compliance or noncompliance of a judicial officer, requests from a judicial officer for waiver from the MCJE requirements, or for any other Board approval requests is warranted for reasons that include but not limited to the following:
(1) The Board member is the judicial officer who is the subject of the noncompliance or compliance determination or of other Board requests.
(2) The Board member has personal knowledge of disputed evidentiary facts concerning the proceeding.
(3) The Board member is likely to be a material witness in the proceeding.
(4) The Board member’s spouse, or a person within the third degree of relationship to either of them, or the spouse of such person is the judicial officer who is the subject of the proceeding.
(D) Process. A majority vote of the Board will resolve any contested disqualification issues.