Rule 5 Disqualification
Rule Text
a. A member of the Commission shall disqualify himself or herself in a proceeding against a judge in which the member’s impartiality might reasonably be questioned, including, but not limited to, instances where:
(1) the member has a personal bias or prejudice concerning a complainant or a judge or personal knowledge of disputed evidentiary facts concerning the proceedings;
(2) the member, the member’s spouse, a person within the third degree of relationship to either of the member or the member’s spouse, or the spouse of such a person, is a complainant, the judge subject to the proceeding, or is likely to be a material witness in the proceeding;
(3) the member sits on or has sat on the election or reelection campaign committee of the judge subject to the proceeding;
(4) a judge who is a member of the Commission or of the Supreme Court or who acts as a master under ORS 1.420 or 1.425 shall not participate in any proceedings involving his or her alleged conduct or disability.
b. A member of the Commission may disqualify himself or herself in a proceeding against a judge if the member reasonably believes that his or her participation in the proceeding may create an appearance of impropriety or lack of impartiality
c. Motion to Disqualify a Commission Member
An accused judge, who has received notice of the institution of formal proceedings pursuant to Rule 8, may, upon motion supported by affidavit, move to disqualify a Commission member from participation. The affidavit shall assert that the judge involved in the proceeding or his or her counsel, believes that the judge involved in the proceeding or his or her counsel cannot have a fair and impartial hearing before that Commission member. The affidavit must be made in good faith and not for the purpose of delay. Except upon extraordinary circumstances, no motion to disqualify a Commission member shall be made more than four weeks after the judge receives formal notice under Rule 8. Absent a written objection submitted by the Commission member within two weeks of receipt of the motion, the motion to disqualify the Commission member shall be granted. Upon the submission of a written objection, the burden of proof is on the Commission member to establish that the motion was made in bad faith or for the purposes of delay. The presiding officer shall rule upon the motion. In the event that the presiding officer is the subject of the motion, the chairperson shall rule upon the motion. In the event that the presiding officer and the chairperson are the subject of the motion, the vice-chairperson shall rule. There shall be no more than two applications to disqualify a Commission member in any one proceeding.