In Re Complaint as to the Conduct of Hendrick

The majority holds that the Bar should have given the accused another peremptory challenge when it impaneled a new trial panel, and it remands this case for a new hearing because of that error. I agree with the majority that, under the Bar’s rules, the accused was entitled to another peremptory challenge. I part company, however, from the majority when it remands this case for a new hearing. In effect, and without citing any authority, the majority holds that the erroneous denial of a peremptory challenge in a bar disciplinary proceeding automatically requires a new hearing. This court,…