Section 3 - Hearing committeesA.Appointment. The board shall appoint hearing committees. Each hearing committee shall consist of two members of the bar of this state and one public member. A lawyer member of each hearing committee shall be appointed chair by the board.B.Terms of Office. The chair and other members of the hearing committee shall serve for fixed terms of three years. No member shall serve for more than two consecutive three-year terms. A member whose term has expired may continue to serve on any case that was commenced before the expiration of the member's term. A member who has served two consecutive three-year terms may not be reappointed before the expiration of at least one year. The members shall not be subject to removal by the board during their terms of office except for cause.C.Quorum. Three members shall constitute a quorum. The committee shall act only with the concurrence of two. The chair of the board may appoint alternate members to a hearing committee as necessary to meet the requirements of this subsection.D.Powers and Duties. Hearing committees shall have the following powers and duties: (1) To conduct hearings into formal charges of misconduct, petitions for reinstatement or readmission, and petitions for transfer to and from disability inactive status upon assignment;(2) To submit to the board written findings of fact, conclusions of law, and recommendations, together with the record of the hearing; and(3) To review dismissals by disciplinary counsel upon a request for review by complainant. The hearing committee may approve, modify, or disapprove the dismissal, or direct that the matter be investigated further. The standard of review for complainant appeals of dismissal is whether disciplinary counsel abused his/her discretion in dismissing the complaint. Regular lawyer members shall have such additional duties as provided for in Section 2(G)(3)(a)(iii) and 11(B)(3).
E.Powers and Duties of Hearing Committee Chair. Each hearing committee chair shall have the following powers and duties: (1) To review recommendations of disciplinary counsel following investigation for disposition of disciplinary matters other than petitions for transfer to and from disability inactive status. The hearing committee chair may approve, modify, or disapprove the recommendations of disciplinary counsel, or direct that the matter be investigated further. If the hearing committee chair modifies or disapproves the recommendation, or directs that the matter be investigated further, disciplinary counsel may appeal that action to the chair of another hearing committee designated by the board who shall approve either disciplinary counsel's recommendation or the action of the first hearing committee chair. The decision of the second hearing committee chair shall be final within the agency. In reviewing a recommendation of disciplinary counsel to file formal charges, the hearing committee chair shall determine if there is probable cause to believe that a violation or attempted violation of the Rules of Professional Conduct has occurred or that there are grounds for lawyer discipline pursuant to Section 9.
(2) To conduct prehearing conferences regarding formal charges of misconduct, petitions for reinstatement or readmission, and petitions for transfer to and from disability inactive status;(3) To consider and decide prehearing motions; and(4) To review admonitions proposed by disciplinary counsel and accepted by a respondent.F.Abstention of Hearing Committee Members. Hearing committee members shall refrain from taking part in any proceeding in which a judge, similarly situated, would be required to abstain.Amended April 25, 2019, effective 5/15/2019.