(A)(1) Certification of Bar Counsel. Disciplinary counsel shall certify bar counsel and assistant bar counsel who are nominated on or after January 1, 2021. Any bar counsel or assistant bar counsel certified or employed prior to January 1, 2021, shall not be subject to recertification but otherwise shall comply with the requirements set forth in this section. Disciplinary counsel shall promulgate and make available to the certified grievance committees the criteria that will be used in certifying bar counsel and assistant bar counsel and a form for submitting bar counsel nominations for certification. The criteria for certification shall include, but not be limited to, all of the following: (a) Legal experience, including substantive areas of practice and trial experience;(b) Any experience as a member of a certified grievance committee;(c) Experience in reviewing and investigating grievances or prosecuting formal complaints, or both, including but not limited to the approximate number of grievances reviewed and investigated, the number of cases presented to hearing panels of the Board, and the number of disciplinary hearings before the Supreme Court;(d) References from at least three persons in the legal community who attest to the applicant's high ethical standards, professionalism, and integrity.(2) Upon receipt of the nomination and application materials, disciplinary counsel shall promptly make a decision to grant or deny certification and provide notice to the certified grievance committee, nominated bar counsel or assistant bar counsel, and the Board of Professional Conduct. To facilitate the review of a nomination and application, disciplinary counsel may conduct an interview of the nominated bar counsel or assistant bar counsel.(B)Decertification. Disciplinary counsel may decertify bar counsel or assistant bar counsel for failing to competently and diligently perform the duties set forth in Gov. Bar R. V or for other good cause shown. Before decertifying bar counsel or assistant bar counsel, disciplinary counsel shall provide to bar counsel or assistant bar counsel and the chair of the certified grievance committee that employs or retains bar counsel or assistant bar counsel written notice proposing the decertification of bar counsel or assistant bar counsel and shall afford bar counsel or assistant bar counsel a reasonable opportunity to respond to the proposed decertification.(C)Duties of Bar Counsel. Bar counsel shall devote the time necessary to performing the duties set forth in this rule, including but not limited to the following: (1) Supervising the intake and investigation of grievances;(2) Serving as the point of contact between the certified grievance committee and respondents and respondents' counsel, provided bar counsel may delegate this task to staff or volunteer members of the certified grievance committee;(3) Advising and training certified grievance committee members on matters of professional conduct and disciplinary procedures;(4) Participating in education activities related to professional conduct and disciplinary procedures, including the completion each calendar year of at least six hours of training offered by disciplinary counsel in the areas of legal ethics, judicial ethics, and the execution of responsibilities for the review and investigation of grievances and prosecution of formal complaints;(5) Serving as designated lead counsel of record in each formal complaint filed with the Board after January 1, 2021, by the bar counsel's certified grievance committee. For purposes of this rule, designation as lead counsel requires bar counsel to participate personally and substantially in the post-complaint adjudication process including, but not limited to, participating in prehearing telephone conferences; attending discovery depositions; drafting pleadings, stipulations, consent to discipline agreements, and pre-and post-hearing briefs; and attending and litigating the case before the hearing panel. Bar counsel may delegate some aspects of discovery, pleading preparation, or hearing presentation to assistant bar counsel or volunteer certified grievance committee members, provided all of the following requirements are met: (a) The attorney to whom responsibilities are delegated is identified as counsel in the case;(b) Bar counsel directly supervises the attorney to whom responsibilities are delegated;(c) Bar counsel remains primarily responsible for litigating the case to the hearing panel.(D) Noncompliance. Failure of bar counsel to comply with the requirements of this section may be grounds for decertifying the bar counsel's appointing grievance committee pursuant to Section 5(F)(1) of this rule.Amended September 9, 2020, effective 11/1/2020.