Appendix 1-A - Rules Governing Disciplinary Proceedings | Midpage

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Appendix 1-A - Rules Governing Disciplinary Proceedings

Appendix 1-A - Rules Governing Disciplinary Proceedings

Sec 1.1Declaration of Jurisdiction Sec 1.2Implied Exceptions Negated Sec 1.3Discipline for Act Contrary to Prescribe Standards of Conduct Sec 1.4Controversies Regarding Fees Sec 1.5Code of Professional Responsibility Sec 1.6Code of Judicial Conduct Sec 1.7Discipline Sec 2.1Composition and Appointment Sec 2.2Organization Sec 2.3Compensation and Reimbursement Sec 2.4Meetings Sec 2.5Removal Sec 2.6Quorum Sec 2.7Financing Sec 2.8Duties and Powers Sec 2.9Transitional Provisions Sec 2.10Conflict of Interest Sec 3.1Employment Sec 3.2Duties Sec 3.3Grievances Against the General Counsel of the Association Sec 3.4Disqualification of General Counsel Sec 3.5Special Trial Attorneys Sec 4.1Composition and Appointment Sec 4.2Organization Sec 4.3Removal Sec 4.4Compensation and Reimbursement of Expenses Sec 4.5Duties and Powers Sec 4.6Conflict of Interest Sec 5.1Form of Grievances, Requests for Investigations, and Referrals Into Diversion Program Sec 5.2Investigations Sec 5.3Actions By Commission Sec 5.4Grievances Privileged Sec 5.5Continuation of Proceedings Notwithstanding Failure to Prosecute, Withdrawal or Settlement of Grievance Sec 5.6Pending Litigation Sec 5.7Confidentiality of Disciplinary Investigations and Results Sec 5.8Confidentiality of Disciplinary Records Sec 5.9Proceedings Which Are to be a Matter of Public Record Sec 6.1Manner of Instituting Sec 6.2Contents of Formal Complaint Sec 6.2AEmergency Interim Suspension Orders and Related Relief Sec 6.3Notification of Filing of Complaint Sec 6.4Response to Complaint Sec 6.5Amendment of Complaint Sec 6.6Trial Panel Sec 6.7Setting and Notification of Hearing Sec 6.8Depositions and Discovery Sec 6.9Hearing Open to Public Sec 6.10Record of Proceedings Sec 6.11Powers of Trial Panel in Conduct of Proceedings Sec 6.12Evidence, Procedure and Standard of Proof Sec 6.13Report By Trial Panel Sec 6.14Briefing After Report by Trial Panel Sec 6.15Decision by Supreme Court Sec 6.16Cost of Investigations and Disciplinary Proceedings Where Discipline Results Sec 7.1Criminal Conviction of Lawyer Sec 7.2Transmittal of Record Relating to Conviction Sec 7.3Interim Suspension From Practice Sec 7.4Conviction Becoming Final Without Appeal Sec 7.5Appeal of Conviction Sec 7.6Disciplinary Proceedings Based Upon Same Facts as Criminal Proceeding Sec 7.7Disciplinary Action in Other Jurisdictions, As Basis for Discipline Sec 7.8Noncompliance With An Order of Support Sec 7.9Transmittal of Record Relating to Finding of Noncompliance with an Order of Support Sec 7.10Noncompliance With An Order For Support, As Basis for Discipline Sec 8.1Prerequisites for Resignation Sec 8.2Order Approving; Reinstatement Sec 9.1Notice to Clients; List of Other Bars to Which Admitted Sec 9.2Notice to Other Jurisdictions Sec 9.3Appointment of Attorneys to Wind Up Lawyer's Business Sec 10.1Definition Sec 10.2Suspension Sec 10.2AEmergency Interim Suspension Orders and Related Relief Sec 10.3Procedure in General Sec 10.4Inquiry As to Personal Incapacity to Practice Law, Incidental to Disciplinary Proceedings Sec 10.5Joinder of Disciplinary Charges With Charges of Personal Incapacity to Practice Law Sec 10.6Representation by Counsel Sec 10.7Service of Process or Notice Sec 10.8Proof by Certified Copies Sec 10.9Examination by Physicians Sec 10.10Proceedings in Supreme Court Sec 10.11Application for Reinstatement Sec 10.12Confidentiality Sec 11.1Petition for Reinstatement Sec 11.2Investigation by Professional Responsibility Commission Sec 11.3Hearing Before Professional Responsibility Tribunal Sec 11.4Standard of Proof for Petitions for Reinstatement Sec 11.5Findings Prerequisite to Reinstatement Sec 11.6Review by Supreme Court Sec 11.7Notice of Decision and Petition for Rehearing Sec 11.8Reinstatement Without Order After Suspension of Two Years of Less Sec 12.1Notice to General Counsel Sec 12.2Action By General Counsel to Ensure Protection of Clients Upon the Receipt of Notice Pursuant to Rule Sec 12.3Appointment of Counsel to Protect Interests of Clients of Deceased, Incapacitated or Disappeared Lawyer Sec 12.4Rules and Forms to Effectuate Rule Sec 13.1Manner of Service Sec 14.1Annual Reports Sec 15.1Immunity for Official Acts Sec 16.1Revocation of Prior Rules, Effective Date, Transitional Provisions