Ordinarily, in such circumstances, the ADC should postpone dealing with the matter until the hearing has been completed and a decision rendered. In any event, the ADC would normally inform the member of the expression of concern and the decision to postpone taking any action. This approach may be necessary to permit the member to recollect events while they are still fresh. In extraordinary circumstances, it may be necessary to deal with the issue of conduct immediately, even though proceedings before the member have not been completed. The intent of the Protocol is to deal with expressions of concern about the conduct of members informally whenever possible.
Informal resolution is often more expeditious, less costly, and more mutually satisfactory.
In addressing a concern, the ADC may meet with the person expressing concern and the member, make other informal inquiries, and attempt to resolve the concern informally. The ADC may also resolve such a concern unilaterally by concluding that it is without substance or not serious enough to warrant further consideration. Concerns that relate only to the correctness of a member s decision, for example, may be found to be without substance on the basis that the Protocol does not apply to them. Where a concern is dismissed on such a basis, the person expressing concern may request the DC to review the ADC's decision. It should be noted, in particular, that where one member has a concern about the conduct of another, the members Code of Conduct imposes on that member an obligation to express his or her concern to the other member.