Model Rules for Disciplinary Enforcement

 

Nothing contained in this book is to be considered as the rendering of legal advice for specific cases, and readers are responsible for obtaining such advice from their own legal counsel.

 

TERMINOLOGY

PREAMBLE: AUTHORITY OF THE COURT

I. STRUCTURE AND SCOPE

Rule 1 COMPREHENSIVE LAWYER REGULATORY SYSTEM

A. Component Agencies

B. Central Intake Office

C. Disciplinary Districts

 

Rule 2 THE DISCIPLINARY BOARD OF THE SUPREME COURT OF [STATE NAME]

A. Agency

B. Appointment

C. Election of Officers

D. Quorum

E. Compensation and Expenses

F. Abstention and Disqualification of Board Members

G. Powers and Duties

 

Rule 3 HEARING COMMITTEES

A. Appointment

B. Terms of Office

C. Quorum

D. Powers and Duties

E. Powers and Duties of Hearing Committee Chair

F. Abstention and Disqualification of Hearing Committee Members

 

Rule 4 DISCIPLINARY COUNSEL

A. Appointment

B. Powers and Duties

C. Advisory Opinions Prohibited

D. Ex Parte Communication with Disciplinary Counsel

E. Disqualification

 

Rule 5 EXPENSES

 

Rule 6 JURISDICTION

A. Lawyers Admitted to Practice

B. Former Judges

C. Incumbent Judges

D. Powers Not Assumed

 

Rule 7 ROSTER OF LAWYERS

 

Rule 8 PERIODIC ASSESSMENT OF LAWYERS

A. Requirement

B. Exemption of Judges

C. Suspension for Nonpayment

D. Reinstatement after Payment

E. Registration Statement

F. Receipt Demonstrating Filing of Registration Statement

G. Suspension for Failure to File Registration Statements

H. Application for Transfer to Inactive Status

I. Reinstatement from Inactive Status

 

Rule 9 GROUNDS FOR DISCIPLINE/LESSER MISCONDUCT

A. Grounds for Discipline

B. Lesser Misconduct

 

Rule 10 SANCTIONS

A. Types of Sanctions

B. Conditions

C. Factors to be Considered in Imposing Sanctions

D. Public Nature of Sanctions

 

 

II. PROCEDURE FOR DISCIPLINARY PROCEEDINGS

Rule 11 GENERALLY

A. Evaluation

B. Investigation

C. Admonition or Probation Imposition

D. Formal Charges

E. Review by Board

F. Review by the Court

G. Alternatives to Discipline Program

 

Rule 12 IMMUNITY

A. From Civil Suits

B. From Criminal Prosecution

 

Rule 13 SERVICE

A. Service of Petition

B. Service of Other Papers

 

Rule 14 SUBPOENA POWER

A. Oaths

B. Investigatory Subpoenas

C. Subpoenas for Deposition or Hearing

D. Enforcement of Subpoenas

E. Quashing Subpoena

F. Witnesses and Fees

G. Subpoena Pursuant to Law of Another Jurisdiction

 

Rule 15 DISCOVERY

A. Scope

B. Resolution of Disputes

C. Civil Rules Not Applicable

 

Rule 16 ACCESS TO DISCIPLINARY INFORMATION

A. Availability of Information

B. Confidentiality

C. Public Proceedings

D. Proceedings Alleging Disability

E. Protective Orders

F. Request for Nonpublic Information

G. Notice to Lawyer

H. Release Without Notice

I. Notice to National Lawyer Regulatory Data Bank

J. Duty of Officials and Employees of the Agency

 

Rule 17 DISSEMINATION OF DISCIPLINARY INFORMATION

A. Notice to Disciplinary Agencies

B. Public Notice of Discipline Imposed

C. Notice to the Courts

 

Rule 18 ADDITIONAL RULES OF PROCEDURE

A. Nature of Proceedings

B. Rules Governed by Rules of Civil Procedure and Evidence

C. Standard of Proof

D. Burden of Proof

E. Prehearing Conference

F. Hearings Recorded

G. Related Pending Litigation

H. Hearings on Lesser Misconduct

I. Delay Caused by Complainant

J. Effect of Time Limitations

K. Complaints Against Disciplinary Agency Members

 

Rule 19 LAWYERS FOUND GUILTY OF A CRIME

A. Transmittal of Certificate of Conviction by Clerk of Trial Court

B. Determination of "Serious Crime"

C. Definition of "Serious Crime"

D. Immediate Interim Suspension