|
7.14 Disposition of Motions
- All motions directed to the manner in which the hearing is to be
conducted shall be ruled upon by the Hearing Committee Chair or the
Chair’s designee either at a prehearing conference as provided in
Rule 7.18 or at the time of the hearing. In the case of a motion directed
to the admissibility of evidence, the evidence, if oral, shall be
heard by the Hearing Committee and, if documentary, shall be included
in the record, and the Hearing Committee shall include in its report
to the Board a recommendation for disposing of the motion, except
that if the Hearing Committee Chair determines that the evidence is
privileged, irrelevant, or merely cumulative, the Chair may exclude
the evidence after allowing the proponent to make a proffer on the
record. As to all other motions, except motions to dismiss described
in Paragraph (b) of this rule, the Hearing Committee shall include
in its report to the Board a proposed disposition and the reasons
therefor. The Board will rule on all such motions in its disposition
in the case.
- In the case of a motion to dismiss the petition made by Bar Counsel
before the time of the hearing, seeking a complete dismissal of the
matter or proposing the issuance of an informal admonition, the Hearing
Committee Chair shall refer the matter back to the Executive Attorney
for review by a contact member, preferably the contact member who
originally approved the petition. Subsequent proceedings in the matter
shall be governed by Board Rules 2.12, 2.13, 2.14, 2.15, 6.3, 6.4,
6.5, and 6.6.
|
