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.


207 Pa. Code § M.C.R. 8

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