9 Rule 14 Hearing Panels

A. Appointment and Membership. The Chair of the Board appoints standing hearing panels as required. Each hearing panel consists of two members of the bar of this state and one public member. The Chair of the Board appoints a lawyer-member of each hearing panel to serve as chair of the panel. Terms are for two years, and no member may serve for more than three consecutive full or partial terms, except that a member may serve to the conclusion of any matter assigned to the member’s panel before the expiration of the member’s term. Members of the Board may not serve simultaneously as members of a hearing panel.

B. Quorum. Three members constitutes a quorum, except for prehearing conferences and motions, in which two members constitutes a quorum. The panel may act only with the concurrence of two members.

C. Powers and Duties. Hearing panels adjudicate all formal disciplinary and disability proceedings. The powers and duties of the hearing panel include:

(1) Ruling upon requests from Disciplinary Counsel for findings of probable cause;

(2) Conducting all disability and disciplinary hearings;

(3) Making findings of fact and conclusions of law;

(4) Imposing sanctions in accordance with Rule 15; and

(5) Undertaking other related tasks assigned by the Board.

D. Abstention of Hearing Panel Members. Hearing panel members must disqualify themselves from taking part in any proceeding in which a judge, similarly situated, would be required to do so under the Vermont Code of Judicial Conduct. The chair of the hearing panel rules on any motion to disqualify. Any appeal of that decision is decided by the Chair of the Board, whose decision is final.

E. Compensation and Expenses. Members are reimbursed for reasonable and necessary expenses related to the performance of their duties in the same way Board members are compensated pursuant to Rule 1.D.