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Rule 609

Rule 609: Disqualification or Recusal

Section Judicial Conduct
(a)   Complaint against a Judge Member. A judge who is a Commission member is disqualified from participation as a member in all proceedings involving a complaint against the judge. A proceeding against a judge who is a Commission member will be conducted in the same manner as a proceeding against any other judge.

(b)   Motion to Disqualify a Panel Member. A motion to disqualify a panel member must be in writing and state with particularity the grounds for disqualification. If formal proceedings have been commenced, a motion to disqualify must be filed no later than 20 days after the formal complaint is served. The panel member may, within 14 days after a motion to disqualify is filed, file a response. A motion to disqualify must be determined by majority vote of the panel if the member does not voluntarily recuse. The panel member whose disqualification is requested is not eligible to vote on the motion for disqualification.

(c)   Voluntary Recusal. Any Commission or panel member may voluntarily recuse at any time. If a member recuses, he or she must not be present when the matter is discussed.

[History: New rule adopted effective May 1, 2019.]

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