AL · rules
Ala. R. Disciplinary P. 5
The Disciplinary Commission of the Alabama State Bar
(a) Establishment and Membership of the Disciplinary Commission. The Board
of Commissioners of the Alabama State Bar shall appoint from among the members in
good standing of the Alabama State Bar six members to be the Disciplinary Commission,
none of whom shall be a member of the Disciplinary Board. The Supreme Court of
Alabama shall be notified immediately of appointments made by the Board of
Commissioners of the Alabama State Bar to the Disciplinary Commission and may, within
thirty days of receiving notice, overrule any such appointment. A member shall be
appointed for a term of three years, except when appointed to fill an unexpired term. A
member cannot serve more than two successive terms. The Board of Commissioners of
the Alabama State Bar shall appoint a chair of the Disciplinary Commission for a term not
to exceed five years. The chair shall assist and advise the members of the Disciplinary
Commission on individual disciplinary matters, but shall vote only in the event of a tie.
The chair has the power and authority to approve the agenda of the Disciplinary
Commission, to establish meeting dates, to vote on all policy or procedural matters of the
Disciplinary Commission, and to participate in the disciplinary process of the Alabama
State Bar. The chair may be reappointed for an additional term not to exceed five years.
(b) Powers of the Commission. Members of the Commission shall exercise the
powers and perform the duties conferred and imposed upon them by these Rules and by
the rules of procedure adopted by the Board of Commissioners of the Alabama State Bar.
(c) Establishment of a Quorum. Three members shall constitute a quorum. The
Commission shall act only with the concurrence of a majority of the Commission, which
shall be not less than three members.
(d) Recusal From Proceedings. Commission members shall recuse
themselves from any proceeding in which a judge, similarly situated, would be required
to recuse himself or herself. If more than one member recuses himself or herself in a
particular proceeding, the President of the Alabama State Bar may appoint alternate
members for that proceeding only. The Supreme Court of Alabama shall be notified
immediately of appointments made by the President of the Alabama State Bar to the
Disciplinary Commission and may, within thirty days of receiving notice, overrule any such
appointment.
(e) Reimbursement of Expense. Commission members shall receive no
compensation for their services but may be reimbursed for their travel and other actual
and necessary expenses incidental to the performance of their duties.
(f) Adoption of Rules. The Board of Commissioners of the Alabama State Bar
may adopt rules of procedure applicable to the Disciplinary Commission, which are
consistent with these Rules.
History
[Amended eff. 10-9-91; Amended eff. 8-1-2000; Amended 9-12-2008, eff. 10-6-2008; Amended eff. 1-5-2023.] Note from the reporter of decisions: The order amending Rule 5, effective August 1, 2000, is published in that volume of Alabama Reporter that contains Alabama cases from 753 So.2d. Note from the reporter of decisions: The order amending Rule 4, Rule 4.1, Rule 4.2, Rule 5, Rule 8, Rule 12, Rule 15, Rule 20, Rule 21, Rule 22, Rule 23, Rule 27, Rule 28, Rule 29, Rule 32, Rule 33, and Rule 35, and adopting Rule 12.1, effective October 6, 2008, is published in that volume of Alabama Reporter that contains Alabama cases from 994 So.2d. Note from the reporter of decisions: The order amending Rule 4, Rule 4.2 and Rule 5, Alabama Rules of Disciplinary Procedure, effective January 5, 2023, is published in that volume of Alabama Reporter that contains Alabama cases from __ So. 3d.
Provenance
- Source
- judicial.alabama.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
78bc5a1bc6f5e6a0a1f1051d9be2bb3f1e76a8c46008a6c2d2c8c4fde9994ad9
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