| 9.3—Bar
Counsel’s Response
- Investigation. Bar Counsel shall conduct an appropriate investigation
of the material facts alleged in the petition for reinstatement.
- Answer. Bar Counsel shall file in the Board Office and serve
on the petitioner an Answer setting forth the following: (i) Bar
Counsel’s position (denial, admission, or lack of knowledge) with
respect to the material facts set forth in the petition for reinstatement;
(ii) any additional alleged material facts that Bar Counsel intends
to present at the evidentiary hearing on the petition for reinstatement,
including, but not limited to, evidence of unadjudicated acts
of misconduct that Bar Counsel seeks to introduce into evidence
pursuant to Board Rule 9.89; and (iii) a statement as to whether
Bar Counsel opposes, supports, or has no position on reinstatement
of the attorney. In addition to the answer, Bar Counsel may file
with the Board Office and serve on the petitioner a motion to
dismiss based on Board Rule 9.2. (c) Time Limitations. Bar Counsel’s
investigation shall be completed and the Answer or motion to dismiss
filed within 45 days after service of the petition for reinstatement,
unless the time is extended by the Chair of the Board for good
cause shown.
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