(a) Establishment and Membership of the Disciplinary Commission
The Board of Commissioners of the Alabama State Bar shall appoint from among their number four members to be the Disciplinary Commission, none of whom shall be a member of the Disciplinary Board, Board of Disciplinary Appeals, or Prediscipline Diversion Board. A member shall be appointed for a term of three years, except 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 not vote in such matters. 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. (Amended effective October 9, 1991.)

(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
Two 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 two 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.

(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. “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 ____So.2d.”

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