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TITLE 38 App. > RULES > Rule 40

Rule 40. Rules Advisory Committee

(a) General. The Court will have a Rules Advisory Committee (Committee) for the study of, and advice to the Court on possible changes to, rules of the Court, either sua sponte or at the request of the Court.
(b) Appointment. The Chief Judge, with the concurrence of the Court, will appoint nine members of the Court’s bar to serve on the Committee, eight as members and one as the Chair. At least two members of the Committee will be attorneys employed by the Department of Veterans Affairs (Department). The membership of the Committee as of the date of the adoption of this rule will continue under this rule.
(c) Terms.
(1) Length of terms. The term of a member continued under subsection (b) will expire on June 30, 2003, unless, on that date, the member
(A) has served on the Committee for less than three years or
(B) is serving as the Chair. Except as provided in paragraph (3) of this subsection, each member appointed thereafter and each new Chair appointed will be appointed for a term of two years. Notwithstanding the terms provided for in the preceding sentence, the term of any person serving by virtue of employment by the Department will end automatically at such time as the person is no longer so employed.
(2) Reappointment. Except as provided in the next two sentences, a member may serve three terms consecutively; a break in service permits a new series of three consecutive terms. The person serving as the Chair on January 1, 2003, will be permitted to so serve to the end of his or her current term as the Chair and, upon the end of that term, may be appointed as the Chair, or as a member, of the Committee for one additional consecutive term only. A person may be appointed to three consecutive terms as the Chair notwithstanding any term or terms as a member; a break in service as the Chair permits a new series of such terms or a new series of three terms as a member. There is no limit on the number of nonconsecutive terms to which any person may be appointed as a member or the Chair of the Committee. A member or the Chair may continue to serve until a successor has been appointed. If a member or the Chair holds over after his or her term expires, the holdover period shall be part of the successor’s term.
(3) Resignation or removal. A member or the Chair of the Committee may resign from the Committee, or the Chief Judge, with the concurrence of the Court, may, due to the disability of the member or the Chair or other good cause, revoke an appointment at any time; the successor appointed will serve the unexpired term of his or her predecessor. Time served as a successor to a member or the Chair whose position became available due to death, resignation, or revocation of appointment will not be considered a “term” for the purposes of paragraph (2) of this subsection.

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