12/24/2023 0 Comments Rule 11 colloquy![]() (4) If there are any material issues of fact raised by the pleadings or if the respondent requests the opportunity to be heard in mitigation, the shall serve a notice of hearing upon disciplinary counsel and the respondent, stating the date and place of hearing at least days in advance thereof. In the event the respondent fails to answer within the prescribed time, or the time as extended, the factual allegations shall be deemed admitted as provided in Rule 33(A). (3) The respondent shall file a written answer with the board and serve a copy on disciplinary counsel within days after service of the formal charges, unless the time is extended by the chair of the hearing committee. (2) Disciplinary counsel shall cause a copy of the formal charges to be served upon the respondent and proof of service to be filed with the board. (1) Disciplinary counsel shall file the charges with the board. ![]() ![]() Any hearing committee whose chair reviews a recommendation of disciplinary counsel is disqualified from participating in further consideration of the matter. Disciplinary counsel may appeal a decision to disapprove or modify his or her recommendation to a reviewing chair of a second hearing committee also selected in order from the roster established by the board who shall approve either disciplinary counsel's recommendation or the action of the first reviewer, but the decision of the second reviewing chair shall not be appealable. The chair may approve, disapprove, or modify the recommendation or appealed dismissal. Disciplinary counsel's dismissal shall be reviewed by the chair upon the complainant's request for review. The complainant may file a written request for review of counsel's dismissal within days of receipt of notice of disposition pursuant to Rule 4(B)(6)(c). The complainant shall be notified of the disposition of a matter following investigation. Disciplinary counsel's recommended disposition other than a dismissal or a referral to the Alternatives to Discipline Program shall be reviewed by the chair of a hearing committee selected in order from the roster established by the board. (3) Disciplinary counsel's recommended disposition shall not be subject to review upon the respondent's request for review. Notice to the respondent at his or her last known address is sufficient. Disciplinary counsel shall not recommend a disposition other than dismissal or stay without first notifying the respondent in writing of the substance of the matter and affording him or her an opportunity to be heard. (c) recommend probation, admonition, the filing of formal charges, the petitioning for transfer to disability inactive status, or a stay. (b) refer respondent, in a matter involving lesser misconduct, to the Alternatives to Discipline Program, pursuant to Rule 11(G) or Upon the conclusion of an investigation, disciplinary counsel may: If the lawyer is subject to the jurisdiction of the court and the information alleges facts which, if true, would constitute misconduct or incapacity, disciplinary counsel shall conduct an investigation. If the information, if true, would not constitute misconduct or incapacity, the matter may be referred to the central intake office, or to any of the component agencies of the comprehensive system of lawyer regulation established by Rule 1, or dismissed. If the lawyer is not subject to the jurisdiction of the court, the matter shall be referred to the appropriate entity in any jurisdiction in which the lawyer is admitted. The disciplinary counsel shall evaluate all information coming to his or her attention by complaint or from other sources alleging lawyer misconduct or incapacity. Model Rules for Lawyer Disciplinary EnforcementĮvaluation.
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