Superior Court of California, County of Santa Barbara

Panelist Removal Policy

Resignation, Suspension, and Removal from CADRe Panels

  1. Any panel neutral may resign at any time upon ten (10) days advance written notice, and completion of all reports.
  2. It is the policy of the CADRe Program to first seek informal or mediated resolutions to complaints and/or concerns.
  3. Any panel neutral may be summarily suspended by written notice by the ADR Programs Committee for failure to comply with the rules of this program, including the reporting requirements and standards of practice. Suspension will end when either the breach has been remedied or the panelist has been permanently removed according to these rules.
  4. Any panel neutral may be removed from any or all panels or suspended for:
    1. Failure to maintain continuous eligibility and qualifications according to the CADRe standards;
    2. Failure to handle CADRe-referred cases with professional competence and diligence;
    3. Charging unconscionable fees or other charges;
    4. Failure to completely disclose all fees and charges at the outset of the case;
    5. Falsification of any material statement made to qualify for any panel or made in any required report;
    6. Violation of any rule of professional conduct applicable to the provider as determined by the ADR Programs Committee and/or the applicable professional organization;
    7. Commission of a crime involving moral turpitude;
    8. Repeated failure to comply with these rules or to work cooperatively with court staff;
    9. Loss or suspension of a professional license;
    10. Violation of ethical standards of practice for CADRe panelists as adopted by the ADR Programs Committee.
  5. Before a panel neutral may be permanently removed under Rule 4 above, the neutral shall be given written notice of the grounds asserted against the neutral for removal. The notice shall include the date, time, and place of a hearing of the matter. Notice shall be given no less than twenty (20) days before the hearing. The ADR Programs Committee reserves the right to waive the twenty (20) day notice of hearing if in it determines that the conduct resulting in the need for a hearing immediately endangers the public interest.
  6. A three (3) member panel, designated by the ADR Programs Committee shall be appointed to serve as the Review Board and shall have jurisdiction to hear all matters involving removal under Rule 4 above. The Review Board shall render its decision within sixty (60) days from the date notice of removal was first given to the neutral, unless the time is extended with the consent of the neutral.
  7. Any panel neutral may appeal the decision to the ADR Programs Committee as a whole within ten (10) days of being notified of the removal.