A. The Chief Justice of the Trial Court and the Court Administrator shall be permanent members of the Committee, and the Chief Justice of the Trial Court shall be the Chair. A third member of the Committee shall be selected for each proceeding. The third member shall be chosen by the association of Clerks or Registers to which the Clerk who is the subject of the proceeding may belong.
B. A member of the Committee shall not participate in any proceeding in which the impartiality of that member might reasonably be questioned. Recusal and disqualification pursuant to this section shall be by a member him- or herself or at the request of the two other members. In case of recusal or disqualification of a member, an alternate member shall be appointed by the remaining two members, except that if the recused or disqualified member was appointed by an association of Clerks or Registers, the association shall select the alternate member. If the Chief Justice of the Trial Court and the Court Administrator are both recused or disqualified, the Chief Justice of the Supreme Judicial Court shall select their replacements.
C. An affirmative vote of at least two members of the Committee is required to affirm or modify discipline imposed by a Chief Justice. An affirmative vote of at least two members also is required to dismiss, informally resolve or otherwise dispose of a complaint, to issue formal charges, impose discipline or make recommendations to the Supreme Judicial Court regarding removal of a Clerk. A meeting may be held and a vote may be taken by telephone unless any member objects.
Effective March 23, 2015.