Five (5) authorized members of the Trial Division shall constitute a quorum and the concurrence of five (5) authorized members of the Trial Division shall be necessary to decide any question in any case being tried upon the merits or upon a hearing for temporary suspension before said Trial Division.

Where fewer than five (5) authorized members of the Trial Division shall vote in favor of removal from office or compulsory retirement from office, with or without compensation, or for the temporary suspension of a judicial officer pending trial on the merits as may be sought for in the petition, then an order shall be entered dismissing the proceeding or dismissing the request for temporary suspension.

Should the respondent fail to appear upon the date set for hearing the petition on the merits, or upon hearing for temporary suspension, or should the respondent on that date be in default in his pleadings, then the requisite number of the authorized members of the Trial Division may on said date proceed to decide said case and enter an order therein.