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(2) Each member is appointed for a term of three years, except that the term of a member
continued under subsection (a)(1) shall expire on the date previously established for that
member, and that member may be reappointed to one additional consecutive term without
regard to prior service on the Committee or under the predecessor version of these rules. A
member (other than a holdover member as provided for in the preceding sentence) may be
reappointed to an additional consecutive term in connection with an appointment that has
not already been preceded by an additional consecutive term. There is no limit on the
number of nonconsecutive terms to which any member may be appointed.
(3) A member may serve until a successor has been appointed. If a member holds over after his
or her term expires, the holdover period shall be part of the successor's term.
(4) A member of the Committee may resign from the Committee, or the Chief Judge, with the
concurrence of the Court, may, due to disability or other good cause, revoke an appointment
at any time; the successor appointed will serve the unexpired term of his or her predecessor.
(5) Time served as a successor to a member of the Committee whose position became available
due to death, disability, or resignation, will not be considered a "term" for the purposes of
this Rule.
(6) If, in any case referred to the Committee, the Chair recuses him or herself, the next senior
unrecused member (by longevity) will assume the responsibilities of Chair for that case
only. If both members have equal service, the Chair, when announcing his or her recusal,
will designate, at his or her sole discretion, one unrecused member to act as Chair.
(7) If, in any case referred to the Committee, a member of the Committee recuses himself or
herself, the Chief Judge, with the concurrence of the Court, will appoint a member of the
Court's bar to serve on the Committee for that case only. In the event that all three members
of the Committee recuse themselves, the Chief Judge, with the concurrence of the Court, will
appoint three members of the Court's bar, and designate one of those members as Chair, to
serve on the Committee for that case only.
(b) Referral.
Except when, in connection with a subsequent provision of these rules, the Chief
Judge or the Panel determines that a matter will be closed and no action taken or when the
practitioner concerned concedes the charges and agrees that the matter need not be referred to
the Committee, the Panel will refer matters arising under these rules to the Committee for
appropriate investigation, possible hearing, and a report when:
(1) Essential facts are in dispute; or
(2) there is a question whether the evidence initially submitted is sufficient to support a decision;
or
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