– Nonparticipation of Members of Commission

(a) In the event a judicial officer who is a member of the Commission is disqualified by the terms of § 3-1-1108, MCA, or recuses himself or herself from acting in a particular proceeding, the Chairperson may appoint another District Court Judge to act as a member of the Commission to sit and act in the place of the disqualified or recused judge. (b) In the event a lay member of the Commission recuses himself or herself for a particular proceeding, the Chairman of the Commission, or in the Chairman’s absence, the Vice- chair, may appoint a qualified adult citizen of the state of Montana to act as a member of the Commission for the recused lay member. The Commission may proceed in the absence of not more than two members.