| 11.10—Bifurcated Hearings
At the conclusion of the evidentiary portion of the
hearing and after hearing such final argument as the Hearing Committee
Chair shall permit, the Hearing Committee shall go into executive
session and decide preliminarily whether it finds a violation of any
disciplinary rule has been proven by Bar Counsel. In all cases in
which the Hearing Committee is able to reach such a preliminary, non-binding
determination, the Hearing Committee shall immediately resume the
hearing and permit Bar Counsel to present evidence of prior discipline,
if any. Respondent shall be permitted to present any additional evidence
in mitigation. In those extraordinary cases where the Hearing Committee
is unable to reach such a preliminary determination, the Hearing Committee
Chair may defer the presentation of matters in aggravation (including
prior discipline) and in mitigation until such later time as the Hearing
Committee Chair shall designate for the presentation of such evidence
in documentary form or at a subsequent hearing which the Hearing Committee
Chair may authorize on a showing of good cause.
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