Section 32 - Confidentiality32.1. All matters, investigations, or proceedings involving allegations of misconduct by or the disability of an attorney, including all information, records, minutes, correspondence, files or other documents of the Board, district committee members and Disciplinary Counsel shall be confidential and privileged, and shall not be public records or open for public inspection, except as otherwise provided in this Section. All hearings held before a duly appointed hearing panel or Court, except those pursuant to Section 27, shall be public, subject to the provisions of Section 32.6 and Tenn. Sup. Ct. R. 30.
32.2. Upon (a) the Board's imposition of public discipline without the initiation of a formal disciplinary proceeding pursuant to Section 15.2, or (b) the filing of a petition for formal discipline pursuant to Section 15.2, the following documents, subject to the provisions of any protective order which may be entered pursuant to Section 32.6, shall be public records and open for public inspection: (i) all pleadings, petitions, motions, orders, correspondence, exhibits, transcripts or documents filed in the formal disciplinary proceeding; (ii) the written complaint(s) and any additional or supplemental submissions received by the Board;(iii) the written response(s) to the complaint received by the Board;(iv) the formal written public discipline imposed by the Board in the matter.32.3. Upon receipt by the Board of a written request from a respondent attorney that a pending matter be made public, the following documents, subject to the provisions of any protective order which may be entered pursuant to Section 32.6, shall be public records and open for public inspection: (i) all pleadings, petitions, motions, orders, correspondence, exhibits, transcripts or documents filed in the formal disciplinary proceeding; (ii) the written complaint(s) and any additional or supplemental submissions received by the Board;(iii) the written response(s) to the complaint received by the Board;(iv) the formal written public discipline imposed by the Board in the matter.32.4. In disability proceedings referred to in Section 27, the order transferring the respondent attorney to disability inactive status shall become a public record upon filing; however, all other documents relating to the respondent attorney's disability proceeding, including any subsequent petition for reinstatement after transfer to disability inactive status, shall not be public records and shall be kept confidential. An order granting a petition for reinstatement after transfer to disability inactive status shall become a public record upon filing.32.5. Notwithstanding anything to the contrary herein, all work product and work files of the Board, district committee members, and Disciplinary Counsel, including but not limited to internal memoranda; internal correspondence, emails, and notes; investigative notes, statements and reports; and, similar documents and files, shall be confidential and privileged, shall not be public records, and shall not be subject to the provisions of Sections 32.2 and 32.3.32.6. In order to protect the interests of a complainant, respondent or petitioning attorney, witness, or third party, the Board may, at any stage of the proceedings, upon application of any person and for good cause shown, issue a protective order prohibiting the disclosure of specific information or documents, or the closure of any hearing, and direct that the proceedings be conducted so as to implement the order, including requiring that the hearing be conducted in such a way as to preserve the confidentiality of the information that is the subject of the application. After the initiation of a formal proceeding, any such application shall be filed with and decided by the assigned hearing panel.32.7. All participants in any matter, investigation, or proceeding shall conduct themselves so as to maintain confidentiality. However, unless a protective order has been entered, nothing in this Section or this Rule shall prohibit the complainant, respondent or petitioning attorney, or any witness from disclosing the existence or substance of a complaint, matter, investigation, or proceeding under this Rule or from disclosing any documents or correspondence filed by, served on, or provided to that person. The Board, district committee members, hearing panel members, Disciplinary Counsel, their assistants, staff and employees shall maintain confidentiality with respect to all pending matters, investigations and proceedings arising under this Rule, except as may be provided under Sections 32.2 and 32.3.
32.8. In those disciplinary proceedings in which an appeal is taken pursuant to Section 33, the records and hearing in the circuit or chancery court and in the Court shall be public to the same extent as in all other cases.32.9. The provisions of this Rule shall not be construed to deny access to relevant information to authorized agencies investigating the qualifications of judicial candidates; or to other jurisdictions investigating qualifications for admission to practice; or to law enforcement agencies investigating qualifications for government employment; or to prevent the Board from reporting evidence of a crime by an attorney or other person to courts or law enforcement agencies; or to prevent the Board from reporting to the Tennessee Lawyers Assistance Program evidence of a disability that impairs the ability of an attorney to practice or serve; or to prevent the Board or Disciplinary Counsel from making available to the Tennessee Lawyers' Fund for Client Protection information relevant to any claim pending before the Fund; or to prevent the Board from making available all attorney registration information to the Tennessee Commission on Continuing Legal Education; the Lawyers' Fund for Client Protection; the Board of Law Examiners; and the Tennessee Lawyers Assistance Program; or to prevent the Board or Disciplinary Counsel from defending any action or proceeding now pending or hereafter brought against either of them. In addition, Chief Disciplinary Counsel shall transmit notice of all public discipline imposed by the Court on an attorney or the transfer to inactive status due to disability of an attorney to the National Discipline Data Bank maintained by the American Bar Association.32.10. Nothing in this Section is intended to limit or repeal any confidentiality or privilege afforded by other law.