| 14.7—Respondent’s
Motion to Hold In Abeyance Formal Disciplinary Proceedings Because of Disability
or Addiction
- Respondent’s Motion. At any time prior to the Board’s
final disposition of any formal disciplinary proceeding, respondent
therein may file a motion requesting the Board to enter an order
holding such proceeding in abeyance based on the contention that
respondent is suffering from a disability or addiction that makes
it impossible for respondent adequately to defend the charges
in such disciplinary proceeding. Respondent’s motion should be
accompanied by all pertinent medical records and in all cases
must include a signed form (available from the Board Office) acknowledging
the alleged incapacity by reason of disability or addiction
- Disposition of Respondent’s Motion. The Board hereby
delegates to the Chair of the Board authority to decide the matter
presented by respondent’s motion under Board Rule 14.7(a) and
any response thereto. The Board hereby directs the Chair, if respondent’s
motion satisfies the requirements of Board Rule 14.7(a): (i) to
enter a temporary order holding in abeyance any formal disciplinary
proceeding (but not any preliminary investigation) instituted
by Bar Counsel against respondent; (ii) to submit to the Court
on behalf of the Board a report that includes a petition, pursuant
to the applicable provision of Section 13(e) of Rule XI of the
Rules Governing the Bar, seeking from the Court an order immediately
suspending respondent from the practice of law until a determination
is made of respondent’s capability to resume the practice of law
in a proceeding instituted by respondent under Board Rue 14.8(b)
or instituted by Bar Counsel under Board Rule 14.8(d); and (iii)
if Bar Counsel raises a genuine issue as to any material fact
concerning respondent’s self-alleged disability or addiction,
to enter an order referring such issue(s) to a Hearing Committee
for an evidentiary hearing and report thereon to the Board pursuant
to the procedures of Board Rule 14.8(d). The temporary abeyance
order shall remain in effect until a determination is made by
the Board and/or the Court that respondent is not incapacitated
and that resumption of the matters held in abeyance would be proper
and advisable
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