| 14.6—Bar
Counsel’s Motion for Authority to Seek Suspension or Probationary Conditions
Due to Disability or Addiction
- Bar Counsel’s Motion. Whenever Bar Counsel has probable
cause to believe that respondent is incapacitated from continuing
the practice of law by reason of disability or addiction and that
respondent is nonetheless likely to offer or attempt to perform
legal services while so incapacitated, Bar Counsel is hereby authorized
to file a motion requesting authority to submit on behalf of the
Board a petition (with appropriate affidavits and/or other documentary
proof) seeking pursuant to Section 13(c) of Rule XI of the Rules
Governing the Bar an order from the Court suspending respondent
from the practice of law effective immediately for an indefinite
period until further order of the Court, or possibly imposing
probationary conditions with or without a period of suspension.
- Disposition of Bar Counsel’s Motion. In the absence
of unusual circumstances, probable cause sufficient to support
Bar Counsel’s motion under Board Rule 14.6(a) shall include, inter
alia, a report of an examination by one or more qualified medical
experts or the written acknowledgment of respondent confirming
the existence of the alleged disability or addiction and otherwise
showing respondent is incapacitated as alleged.
- Disposition of Bar Counsel’s Motion. The Chair of the
Board shall place the matter on the Board’s executive agenda for
a decision granting or denying Bar Counsel’s motion based on the
affidavits and other documentary proof of the parties unless the
Board’s Chair determines there is a genuine issue concerning one
or more material facts and refers such factual issues to a Hearing
Committee for an evidentiary hearing and report thereon to the
Board.
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