(a)Appointment of Chief Bar Counsel and Bar Counsel.The chief bar counsel shall be appointed by the executive director, subject to the approval of this Court. Chief bar counsel may appoint staff to carry out all discipline functions pursuant to these rules and consistent with the budget authorized by the board and as approved by the executive director.(b)Oath of Office. All bar counsel shall take an oath of office and file a copy of said oath with the lawyer regulations records manager.(c)Powers and Duties of Chief Bar Counsel. Acting under the authority granted by this Court and under the direction of the executive director, chief bar counsel shall have the following powers and duties: 1.Prosecutorial Oversight. Chief bar counsel shall maintain and supervise a central office for the filing of requests for investigation relating to conduct by a member, including an affiliate member, or non-member, including alternative business structures, and for the coordination of such investigations; employ and supervise staff needed for the performance of all discipline functions within the responsibility of the state bar, overseeing and directing the investigation and prosecution of discipline cases and the administration of disability, reinstatement matters, and contempt proceedings, and compiling statistics regarding the processing of cases by the state bar.2.Dissemination of Discipline and Disability Information.A. Notice to Disciplinary Agencies. Chief bar counsel shall transmit notice of discipline, transfers to or from disability inactive status, reinstatements and judgments of conviction to the disciplinary enforcement agency of any other jurisdiction in which the respondent is known to be admitted. Respondent shall identify each such jurisdiction in writing addressed to the chief bar counsel.B. Disclosure to National Discipline Data Bank. Chief bar counsel shall transmit notice of all public discipline imposed against a respondent, transfers to or from disability inactive status, reinstatements, and certified copies of any criminal conviction to the National Discipline Data Bank maintained by the American Bar Association's National Lawyer Regulatory Data Bank.C. Public Notice of Discipline Imposed. Chief bar counsel shall cause notices of orders or judgments of reprimand, suspension, disbarment, transfers to and from disability status and reinstatement as well as all sanctions against alternative business structures to be published in the Arizona Attorney or another usual periodic publication of the state bar, and shall send such notices to a newspaper of general circulation in each county where the lawyer maintained an office for the practice of law. Notices of sanctions or orders shall be posted on the state bar's website as follows: (i) Disbarment, suspension, interim suspension, reprimand, and reinstatement shall be posted for an indefinite period of time.(ii) Probation (including admonition with probation), restitution and costs shall be posted for two (2) years from the effective date of the sanction or until completion, whichever is later; the posting shall indicate whether or not the terms of the order have been satisfied.(iii) A finding of contempt of a supreme court order shall be posted for five (5) years from the effective date of the order or until the contempt is purged, whichever is later; the posting shall indicate whether or not the terms of the order have been satisfied.(iv) A transfer to disability inactive status shall be posted while the order is in effect.(v) An administrative or summary suspension shall be posted while the suspension is in effect.(vi) Revocation, suspension, reprimand, and licensing after a period of revocation involving an alternative business structure shall be posted for an indefinite period of time.D. Notice to Courts. Chief bar counsel shall promptly advise all courts in this state of orders or judgments of suspension, disbarment, reinstatement and transfers to or from disability inactive status. In addition, chief bar counsel shall petition the appropriate court to take such action as may be indicated in order to protect the interests of the public, respondent and respondent's clients.3.Report. At least once per year, chief bar counsel shall report to the Chief Justice on matters relevant to the performance of the discipline system.(d)Powers and Duties of Bar Counsel. Bar counsel shall: 1. Review all information coming to the attention of the state bar. Bar counsel shall exercise discretion in initiating investigations when allegations, if true, would be grounds for discipline or transfer to disability inactive status. Bar counsel may request one or more staff examiners to aid in conducting investigations. Staff examiners shall work under the supervision of staff bar counsel. Staff examiners may be, but need not be members of the state bar and may be selected from the regular employees of the state bar.2. Recommend dispositions prior to formal proceedings, and, if deemed advisable, recommend any discipline in formal proceedings.3. In appropriate cases, negotiate dispositions of pending matters as authorized in Rule 57(a) or 58.4. Promptly notify the complainant and respondent of the disposition of each matter.5. Represent the state bar in and prosecute discipline and reinstatement proceedings and proceedings for transfer to or from disability inactive status before the presiding disciplinary judge, hearing panels, the committee and this court, and prosecute contempt proceedings in the appropriate forum.6. Dismiss proceedings if, after conducting a screening investigation, there is no probable cause to believe misconduct or incapacity exists pursuant to these rules.7. Monitor and supervise respondents during a probationary or diversionary term and, as appropriate, report material violations of the terms of probation or diversion to the presiding disciplinary judge and prepare and forward a report to the imposing entity regarding the respondent's completion of the imposed terms.8. Monitor and supervise conditional admittees during the conditional admission period, pursuant to Rule 36(a)(2)(C)(ii); and9. Perform such other duties as the court may direct.Added June 30, 2010, effective 1/1/2011; amended effective 1/1/2019; amended Aug. 27, 2020, effective 1/1/2021.