|
|
Membership of Disciplinary Tribunal
|
| |
75. (1) The Disciplinary Tribunal shall be appointed by the President of the High Court on the nomination of the Minister and shall consist of not more than 33 members of whom—
|
| |
(a) the majority shall be lay persons,
|
| |
(b) not fewer than 6 shall be persons, nominated by the Law Society, each of whom has practised in the State as a solicitor for more than 10 years,
|
| |
(c) not fewer than 6 shall be persons, nominated by the Bar Council, each of whom has practised in the State as a barrister for more than 10 years, and
|
| |
(d) at least 40 per cent, calculated to the nearest whole number, shall be men and at least 40 per cent, as so calculated, shall be women.
|
| |
(2) One of the persons appointed under subsection (1) shall be appointed as chairperson of the Disciplinary Tribunal.
|
| |
(3) The Minister shall ensure that those lay persons nominated to be members of the Disciplinary Tribunal are persons who are independent of the Government and the professional bodies and have knowledge of and expertise in one or more than one of the following:
|
| |
(a) the provision of legal services;
|
| |
(b) the maintenance of standards in a profession (including those regulated by a statutory body);
|
| |
(c) the investigation and consideration of complaints relating to services;
|
| |
(d) commercial matters;
|
| |
(e) the interests of consumers of legal services.
|
| |
(4) The Disciplinary Tribunal shall act in divisions consisting of—
|
| |
(a) an uneven number of members,
|
| |
(b) a majority of lay members, and
|
| |
(c) not fewer than 3 members.
|
| |
(5) The chairperson of each division of the Disciplinary Tribunal shall be one of the lay members.
|
| |
(6) Where a complaint relates to a solicitor, the division of the Disciplinary Tribunal hearing the inquiry shall include at least one solicitor.
|
| |
(7) Where a complaint relates to a barrister, the division of the Disciplinary Tribunal hearing the inquiry shall include at least one barrister.
|