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Rule 40: Rules Advisory Committee

(a) General. The Court will have a Rules Advisory Committee (Committee) to study and advise the Court on possible changes to Rules of the Court, either sua sponte or at the request of the Court. The Committee will submit its recommendations to the Chief Judge through the Clerk.


(b) Appointment. The Chief Judge, with the concurrence of the Board of Judges, will appoint nine members of the Court's bar to serve on the Committee, eight as members and one as the chair. At least two members of the Committee will be attorneys employed by the Department of Veterans Affairs.


(c) Terms.


(1) Length of terms. Each member and each new chair will be appointed for a term of two years. Notwithstanding the terms provided for in the preceding sentence, the term of any person serving by virtue of employment by the VA will end automatically at such time as the person is no longer so employed.


(2) Reappointment. Except as otherwise provided, a member may serve three terms consecutively; a break in service permits a new series of three consecutive terms. A person may be appointed to three consecutive terms as the chair notwithstanding any term or terms as a member; a break in service as the chair permits a new series of such terms or a new series of three terms as a member. There is no limit on the number of nonconsecutive terms to which any person may be appointed as a member or the chair of the Committee. A member or the chair may continue to serve until a successor has been appointed.


(3) Resignation or removal. A member or the chair of the Committee may resign from the Committee. The Chief Judge, with the concurrence of the Board of Judges, may, based on the disability of the member or the chair or for other good cause, revoke an appointment at any time.

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