Rule 18 - Commission Member Disqualification; Proceeding Against Commission Member(a)Conflict of Interest. A commission member may not participate in the consideration of a complaint against a judge if (1) the member is the subject of the complaint; (2) the member is a material witness to the alleged misconduct; (3) the member is related to the judge or the complainant within the third degree of consanguinity; (4) the judge has retained the member as the judge's attorney or the member provided legal representation or counseling in any matter within two years before the filing of the complaint with the commission; or (5) the member believes that, for any reason, that member cannot give a fair and impartial decision. (b)Disclosure. Each commission member shall disclose all facts that may lead to an inference of bias relating to a matter before the commission. After disclosure, the commission will determine whether the facts warrant disqualification. Commission members may also recuse themselves with a statement on the record as to the basis of the recusal. (c)Motion for Disqualification. The judge or special counsel may request the disqualification of a commission member by filing a motion. The motion must be accompanied by an affidavit that states with particularity the grounds upon which it is claimed that the member should be disqualified. A motion for disqualification will be decided by that member. If the motion is denied by that member, the motion will be decided by the commission chair or, if the motion concerns the chair, by the longest-serving commission member. (d)Proceeding Against Commission Members. A proceeding against a member of the commission will be conducted in the same manner as a proceeding against any other judge. (e)Prohibition Against Representing Judge Before the Commission. No commission member may provide legal representation or counseling to a judge in a matter before the commission during the member's term on the commission or within two years after the member's term has expired. Alaska Jud. Cond. Comm. R. 18
Adopted 11/1/1991; amended 5/23/1994; 12/1/2000.