Rule 2.3. Disciplinary Board

ELC 2.3

DISCIPLINARY BOARD

(a) Function. The Board performs the functions provided under these rules, delegated by

the Supreme Court, or necessary and proper to carry out its duties.

(b) Membership.

(1) Composition. The Board consists of not fewer than four nonlawyer members,

appointed by the Court, and not fewer than ten lawyers, appointed by the Court, upon the

recommendation of the Board of Governors in consultation with the Disciplinary Selection

Panel.

(2) Qualifications. A lawyer Board member must be an Active member of the Association,

have been an Active or Judicial member of the Association for at least five years, and have no

record of public discipline.

(3) Voting. Each member, including the Chair and the Vice Chair, whether nonlawyer or

lawyer, has one vote. Recused members may not attend or participate in the Board’s

deliberations on a matter. Board staff may attend Board deliberations, to serve as a resource.

(4) Quorum. A majority of the Board members constitutes a quorum. If there is a quorum,

the concurrence of a majority of those present and voting constitutes action of the Board, so long

as at least seven members vote.

(5) Leave of Absence While Grievance Is Pending. If a grievance is filed against a lawyer

member of the Board, the following procedures apply:

(A) The member initially decides whether to remain on the Board or take a leave of

absence until the matter is resolved.

(B) If the member chooses to remain on the Board, the Conflicts Review Officer who is

conducting the review of the grievance under rule 2.7 must promptly provide a confidential

summary of the grievance to a different Conflicts Review Officer who is not conducting the

review. A copy of the summary is provided to the member at the same time

ake a leave of

absence until the matter is resolved.

(B) If the member chooses to remain on the Board, the Conflicts Review Officer who is

conducting the review of the grievance under rule 2.7 must promptly provide a confidential

summary of the grievance to a different Conflicts Review Officer who is not conducting the

review. A copy of the summary is provided to the member at the same time.

(C) The Conflicts Review Officer who is not conducting the review of the grievance should

then, or at any time thereafter as deemed appropriate, determine if the member is so impaired

from serving on the Disciplinary Board that the member should take, or continue to take, a leave

of absence to protect the integrity of the discipline system. In making this determination, the

Conflicts Review Officer should consider, among other things, the facts, circumstances, and

nature of the misconduct alleged, the possible outcome, and the extent of public concern

regarding the matter.

(D) The Conflict Review Officer’s determination is confidential. All materials used in

connection with such a determination are confidential unless released under rule 3.4(d) or (e).

(c) Terms of Office. The term of office for a Board member is three years. Newly created

Board positions may be filled by appointments of less than three years, as designated by the

Court, to permit as equal a number of positions as possible to be filled each year. Terms of

office begin October 1 and end September 30 or when a successor has been appointed,

whichever occurs later. Members may not serve more than one term except as otherwise

provided in these rules. Members continue to serve until replaced, except a member’s term of

office ends immediately if a disciplinary sanction is imposed.

ual a number of positions as possible to be filled each year. Terms of

office begin October 1 and end September 30 or when a successor has been appointed,

whichever occurs later. Members may not serve more than one term except as otherwise

provided in these rules. Members continue to serve until replaced, except a member’s term of

office ends immediately if a disciplinary sanction is imposed.

(d) Chair. The Supreme Court, upon the recommendation of the Board of Governors in

consultation with the Disciplinary Selection Panel, annually designates one lawyer member of

the Board to act as Chair and another as Vice Chair. The Vice Chair serves in the absence of or

at the request of the Chair.

(e) Unexpired Terms. The Supreme Court, upon the recommendation of the Board of

Governors in consultation with the Disciplinary Selection Panel, fills unexpired terms in

membership on the Board. A member appointed to fill an unexpired term will complete the

unexpired term of the member replaced, and may be reappointed to a consecutive term if the

unexpired term is less than 18 months.

(f) Pro Tempore Members. If a Board member is disqualified or unable to function, the

Chair may, by written order, designate a member pro tempore. A member pro tempore must

have previously served on the Board. Only a lawyer may be appointed to substitute for a lawyer

member, and only a nonlawyer to substitute for a nonlawyer member.

(g) Meetings. The Board meets regularly at times and places it determines. The Chair

may convene special Board meetings. In the Chair’s discretion, the Board may meet and act

through electronic, telephonic, written, or other means of communication.

erved on the Board. Only a lawyer may be appointed to substitute for a lawyer

member, and only a nonlawyer to substitute for a nonlawyer member.

(g) Meetings. The Board meets regularly at times and places it determines. The Chair

may convene special Board meetings. In the Chair’s discretion, the Board may meet and act

through electronic, telephonic, written, or other means of communication.

(h) Disqualification. A Board member should self-disqualify from a particular matter in

which the member’s impartiality might reasonably be questioned, -including, but not limited to,

instances in which:

(1) the member has a personal bias or prejudice concerning a party, or personal knowledge

of disputed evidentiary facts concerning the matter;

(2) the member previously served as a lawyer or was a material witness in the matter in

controversy, or a lawyer with whom the member practices law serves or has previously served as

a lawyer concerning the matter, or such lawyer is or has been a material witness concerning the

matter;

(3) the member knows that, individually or as a fiduciary, the member or the member’s

spouse or relative residing in the member’s household, has an economic interest in the subject

matter in controversy or in a party to the matter, or is an officer, director, or trustee of a party or

has any other interest that could be substantially affected by the outcome of the matter, unless

there is a remittal of disqualification under subsection (i);

(4) the member or the member’s spouse or relative residing in the member’s household, or

the spouse of such a person:

(A) is a party to the matter, or an officer, director, or trustee of a party;

(B) is acting as a lawyer in the matter;

(C) is to the member’s knowledge likely to be a material witness in the matter;

(5) the member served as a hearing officer for a hearing on the matter, or served on a

review committee that issued an admonition to the lawyer regarding the matter.

use of such a person:

(A) is a party to the matter, or an officer, director, or trustee of a party;

(B) is acting as a lawyer in the matter;

(C) is to the member’s knowledge likely to be a material witness in the matter;

(5) the member served as a hearing officer for a hearing on the matter, or served on a

review committee that issued an admonition to the lawyer regarding the matter.

(i) Remittal of Disqualification. A member disqualified under subsection (h)(3) or (h)(4)

may, instead of withdrawing from consideration of the matter, disclose on the record the basis of

the disqualification. If, based on such disclosure, the parties and lawyers, independently of the

member’s participation, all agree in writing or on the record that the member’s relationship is

immaterial or that the member’s economic interest is de minimis, the member is no longer

disqualified, and may participate in the matter. If a party is not immediately available, the

member may proceed on the assurance of the party’s counsel that the party’s consent will be

subsequently given.

(j) Counsel and Clerk. The Executive Director of the Association may appoint a suitable

person or persons to act as counsel and clerk to the Board, to assist the Board and the review

committees in carrying out their functions under these rules.

(k) Restriction on Representing or Advising Respondents or Grievants. Current and

former members of the Disciplinary Board are subject to the restrictions on representing

respondents in rule 2.14.