any argument or statement of counsel. If a member of the panel
objects to the ruling of the president, the panel will vote on the ruling
to which objection is made.
b. Prosecutor. The prosecutor shall prosecute the
disciplinary action. He shall present the evidence supporting the
Charges and Specifications. He shall not be a member of the panel.
The prosecutor should not be a witness with respect to disputed factual
matters. He may, however, provide evidence concerning procedural
c. Defense Counsel. The accused shall have the right to
select his own professional or lay counsel. The accused may employ
or select a private lawyer at his own expense. In the event the accused
is not present or not represented by counsel of his choosing, the
appointed Defense Counsel shall represent the accused. In the event
that no Defense Counsel has been appointed or Defense Counsel
is not present, the panel shall appoint a lay counsel. Appointed
counsel will guard the interests of the accused by all legitimate
means. Defense Counsel, whether selected or appointed, shall not
be a member of the panel nor an accuser. Defense Counsel should
not be a witness with respect to disputed factual matters. He may,
however, provide evidence concerning procedural matters.
(v) Record. It is not necessary to make a verbatim
stenographic transcript of the proceedings. If possible, the hearing
should be tape recorded or videotaped and the tapes retained. The
president should take reasonable steps to assure that all testimony is
recorded and that all speakers and exhibits are adequately identified
in the record. Whether or not the proceedings are recorded, the
president of the panel shall take notes or cause notes to be taken
that summarize the substance of the testimony of the witnesses and
exhibits, the arguments of counsel, the objections and rulings on
matters brought to the attention of the panel and other matters of
significance occurring in the course of the proceedings. Such notes
shall be retained with the record of the proceedings.
The complete record, after completion of the hearing, should
include copies of:
a. Special Order advising of the initiation of a disciplinary
b. Charges and Specifications.
c. The written statement that the Charges and Specifications
have been personally served or mailed to the accused in accordance
with Section 903 (c) (iii) and the return receipt, if any.
d. The Request for hearing made by the accused.