Section 7 - Disciplinary Counsel

As amended through November 4, 2024
Section 7 - Disciplinary Counsel
7.1. The Court shall appoint an attorney admitted to practice in the State to serve as Chief Disciplinary Counsel, who shall serve at the pleasure of the Court. Following his or her appointment by the Court, the Chief Disciplinary Counsel shall report to the Board, which shall conduct performance evaluations of the Chief Disciplinary Counsel every two years and shall report such evaluations to the Court. Neither the Chief Disciplinary Counsel nor full-time staff Disciplinary Counsel shall engage in the private practice of law; however, the Board and the Court may agree to a reasonable period of transition after appointment.
7.2. Chief Disciplinary Counsel shall have the power with the approval of the Board:
(a) To employ and supervise staff needed for the performance of Disciplinary Counsel's functions.
(b) To perform any administrative, non-adjudicatory function authorized by this Rule and delegated by the Board.
7.3. Disciplinary Counsel shall have the power:
(a) To investigate all matters involving possible misconduct.
(b) To dispose of all matters involving alleged misconduct by recommendation to the reviewing district committee member of either dismissal or private informal admonition; by recommendation to the Board of either private reprimand, public censure or the prosecution of formal charges before a hearing panel; or, by diversion in accordance with Section 13. Except in matters requiring dismissal because the complaint is frivolous and clearly unfounded on its face or falls outside the Board's jurisdiction, no disposition shall be recommended or undertaken by Disciplinary Counsel until the accused attorney shall have been afforded the opportunity to state a position with respect to the allegations against the attorney.
(c) To present in a timely manner all disciplinary proceedings.
(d) To investigate and to present in a timely manner all proceedings with respect to petitions for reinstatement of suspended or disbarred attorneys or attorneys transferred to inactive status because of disability, or with respect to petitions for voluntary surrenders of law licenses.
(e) To file with the Court adequate proof of attorneys' pleas of nolo contendere or pleas of guilty to, or verdicts of guilt of, crimes pursuant to Section 22.
(f) To maintain permanent records of all matters processed and the disposition thereof.
(g) To give advisory ethics opinions to members of the bar pursuant to Section 5.
(h) To implement the written internal operating procedures adopted by the Board and approved by the Court pursuant to Section 4.5(b), and to file reports with the Board on a quarterly basis demonstrating Disciplinary Counsel's substantial compliance with the operating procedures.