(a) Membership. (1) There shall be a Preliminary Investigatory Committee consisting of 12 members who shall be appointed by the Chief Justice with the concurrence of a majority of the members of the Court. At least 8 members of the Committee shall be members of the Bar of the State of Delaware and 4 members shall be non-lawyer residents of the State. The powers of the Committee may be exercised by a panel consisting of one, two or three members as the Chief Justice shall determine in each case; provided, however, if the Chief Justice shall designate a panel of more than one person, that panel shall have at least one person who is not a member of the Delaware Bar. A panel may engage in such investigative assistance as it deems necessary, with the prior approval of the Chief Justice. (2) Members of the Committee shall be appointed for a term of up to four years. No member shall be appointed to serve for more than two (2) consecutive terms. (3) If a member of a Panel shall be disqualified or unable to act promptly in a specific case because of illness, absence from the State, or other reason, the Chief Justice may replace the member with another Committee member or may appoint a member of the Delaware Bar or a non-lawyer resident of the State as a substitute member pro tempore. Last amended effective March 6, 2018 (b) Purpose and Function. The Panel shall investigate any matter within the jurisdiction of the Court that is referred to it in writing by the Chief Justice. A judicial officer whose conduct has been called into question may request such a referral by the Chief Justice. (c) Panel Assignments. Panels shall be selected on a rotating basis whenever possible. Panels shall be designated by the Chief Justice to investigate and report on any charge of misconduct or disability involving any judicial officer within the jurisdiction of the Court. The Chief Justice shall appoint a member of each Panel as Chair of that Panel.
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