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.
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
