204 Pa. Code r. 83.220 - Recusal of members of the Board or a hearing committee or a special master
(a)
General
Rule. A member of the Board or of a hearing committee or a special
master shall withdraw from participating in a matter or proceeding where there
is a substantial showing that the member or special master cannot partici-pate
in a fair and reasonable manner, including but not limited to instances where
the member or special master:
(1) has a fixed
bias or prejudice for or against the respondent-attorney, or personal knowledge
of disputed evidentiary facts relating to the matter or proceeding;
(2) served as a lawyer in connection with any
events relating to the matter or proceeding, or a lawyer with whom the member
or special master practices law served as a lawyer in connection with any
events relating to the matter or proceeding;
(3) individually or as a fiduciary, or any
minor child of the member or special master living in his or her household or
the spouse of the member or special master, has a financial interest in any
events relating to the matter or proceeding.
(b)
Procedure for recusal. A
motion to disqualify a member of the Board or of a hearing committee or a
special master shall be made in accordance with the rules of procedure of the
Board, but the making of such a motion shall not stay the conduct of the
proceedings or disqualify the challenged member or special master pending
disposition of the motion.
Notes
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