Disqualification

(a) Applicable Standard. A member of the Commission is disqualified from considering a matter in which disqualification would be required of a judge by the Code or by law. A judge who is a member of the Commission is disqualified from acting in a matter in which the judge is the subject of a complaint, investigation, or disciplinary or disability proceeding, except in his or her own defense. (b) Procedure. At the convening of each panel meeting, whether an investigative panel or a hearing panel, the presiding member shall remind all members to voluntarily disqualify themselves from consideration of any matter wherein disqualification is required pursuant to subsection (a) of this rule. In the absence of a voluntary disqualification from the matter under consideration, or upon motion of a party to a disciplinary or disability proceeding, the presiding member shall decide in his or her sole discretion whether disqualification is required in that instance. History Note. 374 N.C. 960; 386 N.C. 974.