Upon the respondent - attorney's answer to the order to show cause, if any issue of fact
is raised or the respondent - attorney wishes to be heard in mitigation, this court shall set the
matter for prompt hearing before one or more judges of this court, provided, however, that if
the disciplinary proceeding is predicated upon the complaint of a judge of this court the hearing
shall be conducted before a panel of three other judges of this court appointed by the chief
judge, or if there are less than three judges eligible to serve or the chief judge is the
complainant, by the chief judge of the court of appeals for this circuit. Where a judge merely
refers a matter and is not involved in the proceeding, the judge shall not be considered a
complainant.
