Opinion
ADM10-8005
02-25-2020
ORDER PROMULGATING AMENDMENTS TO THE RULES OF THE MINNESOTA CLIENT SECURITY BOARD
The Client Security Board filed a petition on November 15, 2019, proposing amendments to Rule 1.09 of the Rules of the Minnesota Client Security Board, which governs the confidentiality of records of the Board. The Board's proposed amendments are intended to clarify the public or non-public status of materials pertaining to the work of the Board in considering and deciding upon a claim. The Board reviewed the proposed amendments with the rules committee of the Minnesota State Bar Association, which had no objections. We opened a public comment period. No comments were filed.
Based upon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED that the attached amendments to Rule 1.09 of the Rules of the Minnesota Client Security Board are adopted and effective as of July 1, 2020. The rule as amended shall apply to any claim pending on, or filed on or after, the effective date.
Dated: February 25, 2020
BY THE COURT:
/s/
Lorie S. Gildea
Chief Justice
AMENDMENTS TO THE RULES OF THE MINNESOTA CLIENT SECURITY
BOARD
[Note: In the following amendments , deletions are indicated by a line drawn through the words and additions are indicated by a line drawn under the words.]
I. RULES GOVERNING THE CLIENT SECURITY BOARD
* * *
RULE 1.09. CONFIDENTIALITY
Claims, proceedings, records, and reports involving claims for reimbursement are confidential until the Board authorizes reimbursement to the claimant, except as provided below. a. After authorization payment of the reimbursement, the Board shall publicize the nature of the claim, the amount of reimbursement and the name of the lawyer. The name and the address of the claimant shall not be publicized by the Board unless specific permission has been granted by the claimant. b. This Rule shall not be construed to deny access to relevant information by professional disciplinary, law enforcement, or client security agencies in furtherance of their duties. The Board may also use such relevant information as is necessary to pursue subrogation rights pursuant to Rule 3.17. or other law enforcement authorities as the Board shall authorize the release of statistical information which does not disclose the identity of the lawyer or the parties. c. Statistical information such as the number of claims presented to the Board, the number and amount of claims paid, the restitution collected from each attorney, the subrogation lawsuits filed, and the amount in the Fund shall be public information.