Title 42
State Affairs and Government

Chapter 28.6
Law Enforcement Officers’ Bill of Rights

§ 42-28.6-1.4. Conflict of interest. [Effective January 1, 2025.]

(a) The accused law enforcement officer or the representative of the law enforcement agency may challenge the appointment of any member of the hearing committee for conflict of interest or other substantive grounds justifying disqualification of an appointment. Any challenge shall be heard and decided solely by the retired justice or judge appointed to serve as chairperson unless the challenge is against the chairperson and then the challenge shall be heard by the chief justice of the supreme court. If satisfactory evidence establishes conflict of interest or other substantive grounds justifying disqualification of an appointed member, then a different member shall be selected in the same manner as the disqualified appointment.

(b) Any individual selected as a member of the hearing committee shall immediately disclose to the chairperson any circumstance likely to give rise to reasonable doubt as to the member’s ability to render an impartial decision including, but not limited to, bias, prejudice, or financial or personal interest in the result or outcome of the hearing. The obligation to disclose shall remain in effect throughout the pendency of the hearing.