In a professional discipline matter, the registrant moved to recuse two public members of the panel because they had participated in an earlier contested discipline hearing involving him that was under appeal, including on an alleged bias ground.
The panel applied the reasonable apprehension of bias test and held that prior participation in an earlier adverse decision, without compelling evidence of actual or apparent bias, was insufficient to displace the strong presumption of impartiality.
The panel rejected the submission that the registrant was entitled to “fresh eyes” and found that the pending appeal and unproven bias allegations in the earlier matter were immaterial to the present hearing.
The recusal motion was dismissed and the hearing was directed to be rescheduled before the same panel.
No costs were awarded on the motion.
