Rule 9.111 Hearing Panels

(A) Composition; Quorum. The board must establish hearing panels from a list of volunteer lawyers maintained by its executive director. The board must annually appoint 3 attorneys to each hearing panel and must fill a vacancy as it occurs. Following appointment, the board may designate the panel’s chairperson, vice-chairperson and secretary. Thereafter, a hearing panel may elect a chairperson, vice-chairperson and secretary. A hearing panel must convene at the time and place designated by its chairperson or by the board. Two members constitute a quorum. A hearing panel acts by a majority vote. If a panel is unable to reach a majority decision, the matter shall be referred to the board for reassignment to a new panel.

(B)   Hearing Panelists or Masters; Discipline.

(1)   An attorney shall not be appointed as a hearing panelist or master if he or she:

(a)   has ever been the subject of an order that imposes discipline, or

(b)   has been admonished or placed on contractual probation within the preceding 5 years.

(2)   A hearing panelist or master who becomes the subject of an order imposing discipline, an admonition, or placement on contractual probation shall be removed from the roster of hearing panelists. A hearing panelist or master who becomes the subject of a formal discipline proceeding shall be removed from consideration of any pending matter; shall be placed on the ADB’s roster of inactive panelists; and shall not be assigned to a panel until the formal discipline proceeding has been resolved.   A hearing panelist or master who becomes the subject of an otherwise confidential request for investigation must disclose that investigation to the parties in the matter before the panelist or master, or must disqualify himself or herself from participation in the matter.

(C) Powers and Duties. A hearing panel shall do the following:

(1) Schedule a public hearing on a proceeding under this subchapter assigned to it within 56 days after the proceeding is commenced or after the date that notice of the reinstatement is published, except that a proceeding for reciprocal discipline shall be governed by MCR 9.120. A hearing must be concluded within 91 days after it is begun, unless the board grants an extension for good cause.

(2) Receive evidence and make written findings of fact.

(3) Discipline and reinstate attorneys or dismiss a complaint by order under these rules and exercise continuing jurisdiction over its orders of discipline and reinstatement.

(4) Report its actions to the board within 35 days of the later of the filing of the transcript or the closing of the record, unless extended by the board chairperson.

(5) Perform other duties provided in these rules.