Rule 5 - Organization and authority of Commission (a) The full Commission shall select one member to serve as Commission chair, and one member to serve as Commission vice chair in the event the Commission chair is unable to serve because of absence, illness, conflict, recusal, or other reason. The Commission chair shall preside over meetings and hearings of the full Commission. The full Commission shall meet as determined by the Commission chair to consider administrative and procedural matters and shall meet at the call of the Commission chair on an ad hoc basis for disposition hearings. (b) The Commission shall employ an executive director who shall receive and process inquiries, maintain custody of the Commission's records and files, transmit files between the Commission and its panels at the direction of the Commission chair or as otherwise provided by these rules, and perform such other duties assigned by the Commission. The executive director shall assign investigatory panels of not less than three but not more than five members and adjudicatory panels of not less than three but not more than five members. The investigatory and adjudicatory panels shall include members from each category of membership, lawyer, judge, and elector. Membership on the panels shall rotate in a manner determined by the executive director, provided that no member shall sit on both the investigatory and adjudicatory panel in the same proceeding. (c) The presiding officer of any adjudicatory panel shall be an attorney. (d) The Commission may retain or contract for services with an attorney to serve as disciplinary counsel. Disciplinary counsel may not serve in a judicial capacity or maintain a practice of law that would conflict with the duties of disciplinary counsel. Disciplinary counsel shall be bound by the same rules of confidentiality as the Commission. Disciplinary counsel shall make no representations, statements, promises, or agreements to any person or entity other than as provided by these rules or without the express authority of the presiding officer of an investigatory panel concerning any matter for which disciplinary counsel is retained and hired. Disciplinary counsel shall have the duty and authority to: (1) conduct investigations upon request of an investigatory panel; (2) file and prosecute formal proceedings when directed to do so by an investigatory panel; (3) when authorized to do so by an investigatory panel, bring a motion before the adjudicatory panel to amend the allegations in the Notice of Formal Proceedings to add or remove allegations or contentions; and (4) perform other duties as may be assigned, including, but not limited to, presentation of information or evidence at any hearings or other proceedings before an adjudicatory panel, preparation of findings, recommendations, stipulations, settlement agreements, and orders of discipline. (e) Except as otherwise provided in these rules, a quorum for the transaction of Commission business shall be two-thirds of the Commission members eligible to participate in the matter under consideration, but in no event fewer than four members, and the vote of the majority of the Commission at any meeting with a quorum present shall be the act of the Commission. Commission members may participate in any meeting by telephone except that Commission members who are part of the adjudicatory panel shall appear in person at the adjudicatory hearing. If there are an insufficient number of members eligible to decide any case before the Commission, the Commission chair shall make written request to the appointing authority of recused or ineligible members to appoint temporary replacement Commission members for that case. If the replacements are not named by the appointing authority within 15 days of the request, the Commission chair may appoint the temporary replacement members from the same category as the recused or ineligible member. (f) Members of the Commission shall be reimbursed for reasonable and necessary expenses incurred pursuant to their duties. Adopted January 8, 2014, effective April 1, 2014; amended January 24, 2017, effective May 1, 2017.