Opinion
December 17, 2002
ORDER
By action of this court en banc, Iowa Court 34.8 is amended, effective immediately, as shown in the attached exhibit "A."
THE SUPREME COURT OF IOWA By /s/ Louis A. Lavorato Louis A. Lavorato, Chief Justice
EXHIBIT A Rules of Procedure of the Iowa Supreme Court Board of Professional Ethics and Conduc
Rule 34.8. Board actions upon receipt of response
(1) Upon receipt of response the board shall do one of the following:
a. Dismiss the complaint, and so notify complainant and respondent in writing.
b. Cause the case to be docketed for consideration by the board at its next hearing-meeting.
c. Arrange for investigation of the complaint either by a member of the young lawyers section of the Iowa State Bar Association, the board counsel, or another person, whichever in the judgment of the chair, or the chair's designee, is appropriate.
(2) The board shall have subpoena power during any investigation conducted on its behalf to compel the appearance of witnesses or the production of documents before the person designated to conduct the investigation on behalf of the board.
(3) The board chair, or other board member in the absence of the chair, shall have authority to issue a subpoena.
(4) The district court for the county in which the investigation is being conducted shall have jurisdiction over any objection or motion relating to a subpoena and authority to punish disobedience of a subpoena in a comtempt proceeding.
(5) Counsel for the board or any other person authorized to administrater oaths shall have authority to administer an oath or affirmation to a witness.