207 Pa. Code § M.C.R. 8 - Recusal or Disqualification
(1) General Rule. A
member of the Board shall withdraw from participating in a matter or proceeding
where there is a substantial showing that the member cannot participate in a
fair and reasonable manner, including but not limited to instances where the
member:
(a) has a fixed bias or prejudice for
or against the Judicial Officer, or personal knowledge of disputed evidentiary
facts relating to the matter or proceeding;
(b) is a lawyer, and served as a lawyer in
connection with any events relating to the matter or proceeding which is the
subject of the complaint, or a lawyer with whom the member practices or
previously practiced law served during such association as a lawyer concerning
the matter, or the member or such lawyer has been a material witness concerning
it;
(c) or the spouse of the member
or the member's child has a financial interest in any events relating to the
matter or proceeding, individually or as a fiduciary;
(d) has instituted the charges or is in any
manner involved in a case which may be a subject of the charges before the
Board or involve a person who is related to the member within the ninth degree
by consanguinity or within the fifth degree by affinity.
(2) No member of the Board shall participate
in a proceeding in which the member is a complainant, the subject of the
complaint, a party, or a material witness.
Notes
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