Opinion
September 16, 2005.
Acting in accordance with Article V, Sections 1 and 5 of the Louisiana Constitution, and the inherent power of this Court, and considering the need to amend the Rules for Lawyer Disciplinary Enforcement, as well as the need to approve an amendment to the Procedural Rules for Hearing Committees,
It is hereby ordered, adjudged, and decreed that:
Part 1. Rule XIX, Section 27 A of the rules of this Court be and is hereby amended to read as follows:
A. Inventory of Lawyer Files. If a respondent has been transferred to disability inactive status, or has disappeared or died, or has been suspended or disbarred and there is evidence that he or she has not complied with Section 26, and no partner, executor or other responsible party capable of conducting the respondent's affairs is known to exist, the presiding judge in the judicial district in which the respondent maintained a practice or a lawyer member of the disciplinary board should the presiding judge be unavailable, upon proper proof of the fact, shall appoint a lawyer or lawyers to inventory the files of the respondent, and to take such action as seems indicated to protect the interests of the respondent and his or her clients.
Part 2. The following amendment to Rule XIX, Appendix B, Procedural Rules for Hearing Committees, Rule 1, be and is hereby approved:
Rule 1. Assignment of Disciplinary Proceedings to Hearing Committees
A matter in which formal charges are filed shall be assigned to a hearing committee selected in rotation from the roster of committees maintained by the Board and which is as near as reasonably possible to the appellate circuit of the lawyer's registration statement address.
Part 3. These rule changes shall become effective upon signing, and shall remain in full force and effect until amended by further order of this Court.