ELC 2.3
                     DISCIPLINARY BOARD


(a) Function.  The Board performs the functions provided
under these rules, delegated by the Board of Governors or
Supreme Court, or necessary and proper to carry out its
duties.

(b) Membership.

  (1)    Composition.  The Board consists of not fewer than
     three nonlawyer members, appointed by the Court, and
     not fewer than one lawyer member from each
     congressional district, appointed by the Board of
     Governors.

  (2)    Qualifications.  Lawyer members must have been
     active members of the Association for at least seven
     years.

  (3)    Voting.  Each member, including the Chair and the
     Vice Chair, whether nonlawyer or lawyer, has one vote.

  (4)    Quorum.  A majority of the Board members
     constitutes a quorum.  If there is a quorum, the
     concurrence of a majority of those present and voting
     constitutes action of the Board, so long as at least
     seven members vote.

  (5)    Leave of Absence While Grievance Is Pending.  If a
     grievance is filed against a lawyer member of the
     Board, the following procedures apply:

     (A)     the member initially decides whether to remain
        on the Board or take a leave of absence until the
        matter is resolved;

     (B)if the member chooses to remain on the Board, the
        Conflicts Review Officer must promptly provide a
        confidential summary of the grievance to the Board
        of Governors with a copy to the member;

     (C)the Board of Governors should then, or at any time
        thereafter it deems appropriate, determine if the
        member is so impaired from serving on the
        Disciplinary Board that the member should take, or
        continue to take, a leave of absence to protect the
        integrity of the discipline system.  In making this
        determination, the Board of Governors should
        consider, among other things, the facts,
        circumstances, and nature of the misconduct
        alleged, the possible outcome, and the extent of
        public concern regarding the matter;

     (D)the Board of Governors’ deliberations are
        confidential.  All materials of the Board of
        Governors in connection with such a matter are
        confidential unless released under rule 3.4(d) or
        (e).

(c) Terms of Office.  The term of office for a Board member
is three years.  Newly created Board positions may be filled
by appointments of less than three years, as designated by
the Court or the Board of Governors, to permit as equal a
number of positions as possible to be filled each year.
Terms of office begin October 1 and end September 30 or when
a successor has been appointed, whichever occurs later.
Members may not serve more than one term except as otherwise
provided in these rules.  Members continue to serve until
replaced, except a member’s term of office ends immediately
if a disciplinary sanction is imposed.

(d) Chair.  The Board of Governors annually designates one
lawyer member of the Board to act as Chair and another as
Vice Chair.  The Vice Chair serves in the absence of or at
the request of the Chair.

(e) Unexpired Terms.  The Board of Governors fills unexpired
terms in lawyer membership on the Board.  The Supreme Court
fills unexpired terms in nonlawyer membership.  A member
appointed to fill an unexpired term will complete the
unexpired term of the member replaced, and may be
reappointed to a consecutive term if the unexpired term is
less than 18 months.

(f) Pro Tempore Members.  If a Board member is disqualified
or unable to function, the Chair may, by written order,
designate a member pro tempore.  A member pro tempore must
have either previously served on the Board or be appointed
as an alternate Board member by the Board of Governors if a
lawyer or by the Supreme Court if a nonlawyer.  Only a
lawyer may be appointed to substitute for a lawyer member,
and only a nonlawyer to substitute for a nonlawyer member.

(g) Meetings.  The Board meets regularly at times and places
it determines.  The Chair may convene special Board
meetings.  In the Chair’s discretion, the Board may meet and
act through electronic, telephonic, written, or other means
of communication.

(h) Disqualification.

  (1) A Board member should disqualify him or herself from
     a particular matter in which the member’s impartiality
     might reasonably be questioned, including, but not
     limited to, instances in which:

     (A)the member has a personal bias or prejudice
        concerning a party, or personal knowledge of
        disputed evidentiary facts concerning the matter;

     (B)the member previously served as a lawyer or was a
        material witness in the matter in controversy, or a
        lawyer with whom the member practices law serves or
        has previously served as a lawyer concerning the
        matter, or such lawyer is or has been a material
        witness concerning the matter;

     (C)the member knows that, individually or as a
        fiduciary, the member or the member’s spouse or
        relative residing in the member’s household, has an
        economic interest in the subject matter in
        controversy or in a party to the matter, or is an
        officer, director, or trustee of a party or has any
        other interest that could be substantially affected
        by the outcome of the matter, unless there is a
        remittal of disqualification under section (i);

     (D)the member or the member’s spouse or relative
        residing in the member’s household, or the spouse
        of such a person:

        (i)is a party to the matter, or an officer,
            director, or trustee of a party;

        (ii)    is acting as a lawyer in the matter;

        (iii)   is to the member’s knowledge likely to be
            a material witness in the matter;
     (E)the member served as a hearing officer or hearing
        panel member for a hearing on the matter, or served
        on a review committee that issued an admonition to
        the lawyer regarding the matter.

(i) Remittal of Disqualification.  A member disqualified
under subsection (h)(1)(C) or (h)(1)(D) may, instead of
withdrawing from consideration of the matter, disclose on
the record the basis of the disqualification.  If, based on
such disclosure, the parties and lawyers, independently of
the member’s participation, all agree in writing or on the
record that the member’s relationship is immaterial or that
the member’s economic interest is de minimis, the member is
no longer disqualified, and may participate in the matter.
If a party is not immediately available, the member may
proceed on the assurance of the party’s counsel that the
party’s consent will be subsequently given.

(j) Counsel and Clerk.  The Executive Director of the
Association, under the direction of the Board of Governors,
may appoint a suitable person or persons to act as counsel
and clerk to the Board, to assist the Board and the review
committees in carrying out their functions under these
rules.

(k) Restriction on Representing Respondents.  Former members
of the Disciplinary Board are subject to the restrictions on
representing respondents in rule 2.13(b).


[Adopted effective October 1, 2002.]