(a) Appointment. The chief justice shall appoint a pool of volunteer attorney and public members to serve on hearing panels. Attorney members of the pool may also serve as settlement officers. An attorney member shall have been an active or judicial member of the state bar for at least five (5) of the seven (7) years preceding his or her appointment.

(b) Hearing Panels. Hearing panels are hereby established and empowered to act in accordance with these rules. Each hearing panel shall consist of the presiding disciplinary judge, who shall serve as chair of the hearing panel, one volunteer attorney member, and one volunteer public member assigned by the disciplinary clerk. To the extent practicable, at least one of the volunteer members shall reside in the same general geographic area as the respondent.

(c) Terms of Office. The volunteer pool members shall be appointed for fixed, staggered three (3) year terms. Pool members shall serve at the pleasure of the court and may be dismissed from service at any time by the court. A pool member whose term has expired and is serving as a hearing panel member may continue to serve as a panel member until the final decision of any proceeding commenced before the expiration of the term, and until a successor is appointed.

(d) Vacancy. In the event of a vacancy on a hearing panel, the vacancy shall be filled in the manner provided for in the original appointment. If the vacancy occurs after the hearing has commenced, the new panel member must be given time to review the record of the proceedings before the hearing re-commences.

(e) Alternate Hearing Panel Members. In extraordinary circumstances and before the commencement of the hearing, the presiding disciplinary judge may direct that additional hearing panel members be assigned by the disciplinary clerk to sit as alternate hearing panel members in a particular case. The disciplinary clerk shall assign one volunteer attorney member and one volunteer public member. In the event a panel member is excused or removed under paragraph (g) of this rule by the presiding disciplinary judge, the alternate may replace that member on the panel. To ensure the proper composition of the panel, the alternate volunteer attorney member shall replace an excused volunteer attorney member and the alternate volunteer public member shall replace an excused volunteer public member. In the event that the presiding disciplinary judge is excused from the panel, the alternate volunteer attorney member shall replace the presiding disciplinary judge. Alternates may discuss the case with panel members during the hearing but shall not deliberate with the panel members after the conclusion of the hearing. Upon being excused at the conclusion of the hearing by the presiding disciplinary judge, alternates shall not discuss the case with anyone until informed that a judgment and order has been issued in the case. In the event a deliberating panel member is excused or removed, the presiding disciplinary judge may substitute an appropriate alternate hearing panel member to join the deliberations. If an alternate joins the deliberations, the hearing panel shall begin deliberations anew.

(f) Reimbursement. Members of hearing panels shall receive no compensation for their services but may be entitled to reimbursement for travel and other expenses incurred in the performance of their official duties, as permitted by law.

(g) Change of Hearing Panel Member for Cause. The members of the hearing panels shall not be subject to removal by the parties to a proceeding except upon the grounds set forth in A.R.S. § 12-409(B). Any request to remove a hearing officer for cause shall be filed as soon as the grounds for removal are discovered. The presiding disciplinary judge shall hear the matter and decide by a preponderance of the evidence whether cause exists.

(h) Powers and Duties. Hearing panels shall be authorized to act in accordance with these rules and shall have the following powers and duties: