(Don't) Judge For Yourself: When Local Board Members Should Recuse Themselves

Under Pennsylvania law, a member of a tribunal who has an interest in the outcome of a matter before it must recuse or disqualify himself or herself because there is the potential for conflict or bias. A "tribunal" is any court or government unit (or any political subdivision thereof) that performs "quasi-judicial" functions and has the power to enter an order in a matter. Political subdivisions include counties, cities, boroughs, incorporated towns, townships, school districts, county institution districts, and zoning hearing boards.

Just recently, the Supreme Court of Pennsylvania has provided additional guidance as to when a zoning board member must recuse herself. In Pascal v. City of Pittsburgh Zoning Board of Adjustment, decided at the end of September, the Pennsylvania Supreme Court considered whether a member of a zoning board of adjustment ("ZBA") deciding a zoning request should have recused herself when she also sat on the board of directors of the