Subject to the approval of the Court, the Board shall:

(1) Adopt guidelines for the conduct of hearings and other business, not inconsistent with these Rules; (2) Periodically review the operation of the disciplinary system with the Court, the PRC, and the ODC; (3) Consider matters and conduct hearings in cases filed within the Board’s jurisdiction; (4) Through its Hearing Panels, make findings of fact, conclusions of law, and recommended dispositions, and file its findings, conclusions, and recommendations with the Court; and (5) Delegate, in its discretion, to the Chair and Vice Chair the power to act for the Board on administrative and procedural matters. (b) Quorum. Except as the Board may have delegated powers to the Chair, Vice Chair or Hearing Panels, action by the Board requires the concurrence of a majority of the entire Board. A majority of the whole Board shall constitute a quorum for any meeting of the Board. (c) Hearing panels. The Board’s power to act as to disciplinary or disability matters, including, without limitation, conducting hearings, and making findings, recommendations, reports, and orders, shall be exercised by hearing panels, each of which shall consist of three members of the Board, of whom two shall be lawyers and one shall be a non-lawyer, except as otherwise provided in these Rules. The Hearing Panel Chair shall be a lawyer. The Administrative Assistant shall designate the members of the Hearing Panel and its chair. Decisions of the Hearing Panel as to whether a lawyer is subject to discipline under Rule 7 or is disabled, require a unanimous vote. The recommendation of the Hearing Panel on the appropriate sanction for discipline or consequence for disability does not require a unanimous vote. If a panel is unable to reach a unanimous decision as to whether a lawyer is subject to discipline or disabled in a case under submission, two additional members of the Board shall be designated, and the case shall be heard de novo. The Hearing Panel Chair shall decide scheduling, administrative, procedural, and evidentiary matters. If the Hearing Panel Chair is not available to rule on an administrative, procedural, or evidentiary matter, the parties may address the matter to the remaining lawyer on the Hearing Panel or the Chair or Vice Chair of the Board. (d) Disqualification of members. Members shall not take part in any proceeding in which a judge, similarly situated, would be required to abstain pursuant to Canon 3(C) of the Delaware Judges’ Code of Judicial Conduct, or any subsequently adopted similar code. The decision to disqualify oneself from a proceeding is a matter within the sound discretion of the individual member. If necessary, the Court may appoint an Acting Chair in any matter in which the Chair or Vice Chair of the Board has entered a disqualification or is otherwise unavailable. (e) Appointment of counsel. Upon receipt of satisfactory proof of a respondent’s indigency, the Chair or Vice Chair of the Board, or if a panel of the Board has already been assigned, the Hearing Panel Chair, may appoint a lawyer to serve as counsel for the respondent upon such terms and subject to such provisions as justice and equity may require. The respondent shall file with the Board an affidavit demonstrating a financial inability to retain counsel. The respondent must, upon request from the Board, also produce financial records (including tax returns) to support an application for the appointment of counsel on the grounds of indigency. The determination of indigency shall be based upon a review of the financial circumstances of the respondent. A request for counsel shall not be considered if respondent fails or refuses to furnish proof of indigency. (f) Compensation and expenses. Members shall receive no compensation for their services, but may be reimbursed by application to the Administrative Assistant for travel and other expenses incidental to the performance of their duties. (g) Meetings. From time to time the Board may meet upon call of its Chair or upon call of the Supreme Court, at such place and time as may be specified in the call. Except in respect of a hearing in any formal proceeding, the Board, or any of the members thereof, may participate in any meeting of the Board, by telephone or electronic means, and participation in a meeting pursuant to this subsection shall constitute presence in person at the meeting. History. Amended, effective May 14, 2008; Feb. 26, 2015; Sept. 12, 2017.