§ 85.11. Recusal.
(a) General rule. Enforcement Rule 220(a) provides that a member of the Board or a hearing committee member or a special master shall withdraw from participating in a matter or proceeding where there is a substantial showing that the member or special master cannot participate in a fair and reasonable manner, including but not limited to instances where the member or special master:
(1) has a fixed bias or prejudice for or against the respondent-attorney, or personal knowledge of disputed evidentiary facts relating to the matter or proceeding;
(2) served as a lawyer in connection with any events relating to the matter or proceeding, or a lawyer with whom the member or special master practices law served as a lawyer in connection with any events relating to the matter or proceeding;
(3) individually or as a fiduciary, or any minor child of the member or special master living in his or her household or the spouse of the member or special master, has a financial interest in any events relating to the matter or proceeding.
(b) Procedure for recusal. Enforcement Rule 220(b) provides that a motion to disqualify a member of the Board or a hearing committee member or a special master shall be made in accordance with these rules, but the making of such a motion shall not stay the conduct of the proceedings or disqualify the challenged member or special master pending disposition of the motion. The procedures applicable to a motion for recusal shall be as follows:
(1) The motion shall be filed and served in accordance with Chapter 89 Subchapter A (relating to preliminary provisions).
(2) In the case of a motion to disqualify a hearing committee member or special master, the motion must be filed within 15 days after the party filing the motion has been given notice of the referral of the matter to the hearing committee or special master and must specify the grounds upon which the motion is based.
(3) The motion shall be ruled upon by the challenged member or special master.
(4) An interlocutory appeal from the decision on the motion may be filed with the Board within five business days after the decision on the motion. The appealing party shall serve a copy of the appeal on the nonappealing party by mail on the date that the appealing party files the appeal, and the nonappealing party may file a response within five business days after delivery. The appeal shall be ruled upon by the Board Chair, or the Vice-Chair when the Chair is unavailable.
Source The provisions of this § 85.11 adopted April 13, 1990, effective April 14, 1990, 20 Pa.B. 2009; amended April 26, 1996, effective April 27, 1996, 26 Pa.B. 1984; amended March 11, 2005, effective March 12, 2005, 35 Pa.B. 1656; amended August 7, 2020, effective 30 days after publication, 50 Pa.B. 4014; amended December 15, 2023, effective 30 days after publication, 53 Pa.B. 7704. Immediately preceding text appears at serial pages (404219) to (404220).
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