Board on Professional Responsibility Rules of Procedure

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Board on Professional Responsibility
Rules of Procedure

Chapter 1—Citation and Definitions

1.1
1.2

Citation
Definitions

Chapter 2—Investigations

	2.1 2.2 2.3 2.4 2.5		Initiation of Investigations Complaints Preliminary Screening of Complaints Decision Not to Docket and Notice to Complainant Complaints Against Members of the Board, Hearing Committees, or Bar Counsel
	2.6		Docketing of Complaints and Notification to Complainants
	2.7 2.8 2.9		Notification to Respondent Respondent’s Response Request for Information by Bar Counsel
	2.10		Respondent’s Failure to Respond to Bar Counsel
	2.11 2.12 2.13		Records of Docketed and Undocketed Matters Contact Member Review Disagreements Between Bar Counsel and Contact Member
	2.14 2.15 2.16 2.17 2.18 2.19		Non-Participation by Respondent Recusal of Contact Members Procedures for Diversion No Appeal by Respondent Recusal of Board Contact Member Confidentiality of Investigations

Chapter 3—Discovery and Preservation of Testimony

	3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8		Discovery Entitlement and Assets Discovery from Non-Parties Preservation of Testimony Motions Requesting Depositions Time Limitations for Discovery Notice of Deposition and Protective Orders Conditions of Discovery Persons Before Whom Depositions May be Taken
	3.9
	3.10 3.11 3.12 3.13 3.14 3.15 3.16		Signing and Waiver of Signatures Transmission of Deposition Transcripts Deposition as Part of Record Costs of Depositions and Fees Subpoenas Issued During Investigations Quashing Subpoenas Enforcement of Subpoenas

Chapter 4—Requests for Deferral Based Upon Related Pending Criminal or Civil Litigation

	4.1		Requests for Deferral Before a Petition Has Been Filed
	4.2		Requests for Deferral After a Petition Has Been Filed

Chapter 5—Complaints of Misconduct Against Counsel in Criminal Proceeding

	5.1		Preliminary Inquiry Into Complaints of Misconduct Against Counsel in Criminal Proceedings
	5.2		Notice to Court of Investigation of Counsel in Criminal Proceedings
	5.3		Notice of Appeal in Matters Involving Misconduct by Counsel in Court-Appointed Criminal Proceedings

Chapter 6—Dismissals, Diversion Agreements, and Informal Admonitions

	6.1 6.2 6.3 6.4		Notification of Dismissal Notification of Diversion Agreement Notification of Informal Admonition Action Following Rejection of an Informal Admonition
	6.5		Sanctions in Hearings Following Rejected Informal Admonitions
	6.6		Disclosure of Informal Admonitions

Chapter 7—Initiation of Formal Proceedings Before a Hearing Committee

	7.1 7.2 7.3 7.4		Petitions Service of a Petition Upon Respondent Scheduling Hearings Respondent’s Address for Service of Subsequent Documents
	7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17		Respondent’s Answer Notice of Intent to Raise Disability in Mitigation Proceedings When Respondent Fails to Answer Hearing Continuances Rescheduling Continued Hearings Quorums for Hearins and Pro Hac Vice Service Motions Time Limits for Submission of Motions Argument on Motions Disposition of Motions Presentation of Documentary Evidence Objections to Documentary Evidence Failure to Comply with Time Limits Concerning Documentary Evidence
	7.18 7.19 7.20 7.21		Prehearing Conference Amendment of Pleadings Challenges to Hearing Committee Members Contacts Between Hearing Committee Members and Participants in Disciplinary Proceedings
	7.22		Confidentiality of Disciplinary Proceedings

Chapter 8—Reciprocal Discipline

	8.1 8.2 8.3 8.4		Preliminary Proceeding Before Board Response by Opposing Party Oral Argument Before the Board Conclusive Effect of Adjudication in Other Jurisdiction
	8.5 8.6 8.7		Board’s Recommendation to Court Required Affidavit of Suspended Attorney Motion to Vacate Order Imposing Fitness Requirement

Chapter 9—Reinstatement

	9.1 9.2 9.3 9.4 9.5 9.6 9.7		Petitions Dismissal of Insufficient Petition Bar Counsel’s Response Scheduling/Hearings Prehearing Conference Service of a Petition Upon Bar Counsel Hearings and Post-Evidentiary Proceedings
	9.8		Evidence of Unadjudicated Acts of Misconduct
	9.9		Required Affidavit of Disbarred or Suspended Attorney
	9.10		Required Affidavit of Disbarred or Suspended Attorneys

Chapter 10—Criminal Conviction/Moral Turpitude

10.1
10.2

Initial Board Review of Criminal Convictions
Referral of Matters Involving Serious Crimes to a Hearing Committee

Chapter 11—Conduct of Hearing

11.1
11.2
11.3
11.4
11.5
11.6
11.7
11.8
11.9
11.10
11.11
11.12

Hearing Committee Proceedings
Actions by Hearing Committee
Admission and Exclusion of Evidence
Objections to Documentary Evidence
Standard of Proof
Effect of a Criminal Conviction
Recorded Hearings
Transcript Corrections
Rescheduling Continued Hearings
Bifurcated Hearings
Waiver of Right to Present Evidence
Mitigation of Sanction for Disability or Addiction

Chapter 12—Post-Evidentiary Proceedings

	12.1		Briefs, Proposed Findings and Recommendations, and Additional Evidence
	12.2		Submission of the Report and Recommendation of the Hearing Committee

Chapter 13—Formal Proceedings Before the Board on Professional Responsibility

	13.1 13.2		Notification of Parties Notice of Exceptions to the Hearing Committee Report and Recommendation
	13.3		Proceedings Where Exceptions to Hearing Committee Report Filed
	13.4		Proceedings Where No Exceptions to Hearing Committee Report Filed
	13.5		Participation by Board Members Not Present at Oral Argument
	13.6 13.7		Final Board Action and Review Standards Informal Admonitions and Reprimands Following Board Proceedings
	13.8 13.9		Review of Board Orders and Inquiries Censure, Suspension or Disbarment Recommendations by the Board
	13.10		Extensions of Time on Proceedings Before the Board

Chapter 14—Disability Proceedings

	14.1 14.2 14.3		Definitions and Scope of Disability Proceedings Appointment of Counsel Motions and Responses Related to Disability Matters
	14.4		Attorneys Judicially Declared Mentally Incompetent or Committed to a Mental Hospital as an Inpatient
	14.5		Application to Court for Order Requiring a Medical Examination
	14.6		Bar Counsel’s Motion for Authority to Seek Suspension of Probationary Conditions Due to Disability or Addiction
	14.7		Respondent’s Motion to Hold inAbeyance Formal Disciplinary Proceedings Because of Disability or Addiction
	14.8		Determination of Respondent’s Recovery and Removal of Prior Disability or Addiction

Chapter 15—Disbarment by Consent

15.1
15.2
15.3

Respondent’s Motion to Consent to Disbarment
Disposition of Respondent’s Motion
Confidentiality of Proceeding

Chapter 16—Miscellaneous Matters

	16.1 16.2 16.3 16.4 16.5		Limitations Filings Service Representation of Respondent by Counsel Restrictions on Employment of Certain Attorneys as Counsel
	16.6 16.7		Representation of Complainant Format of Submissions to Board, Committees and Bar Counsel
	16.8		Respondent’s Violation of Court Order

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