Rule 64 - Office of Disciplinary Counsel(a) Appointment. -There shall be an Office of Disciplinary Counsel, consisting of a chief disciplinary counsel, one or more deputy disciplinary counsel, and as necessary or appropriate, one or more special disciplinary counsel. Each such disciplinary counsel shall be an attorney admitted to practice in this State and shall be appointed by the Court. Each such disciplinary counsel shall serve at the pleasure of the Court.(b) Chief disciplinary counsel. -The attorney appointed by the Court as chief disciplinary counsel shall be the full-time director of the Office of Disciplinary Counsel, and in such capacity shall be responsible for the management and administration of the Office. The chief disciplinary counsel shall prepare budgets, reports, and other proposals as necessary or appropriate for the operation of the Office. The chief disciplinary counsel shall be responsible for liaisons with the Court, the Board on Professional Responsibility, the Unauthorized Practice of Law Subcommittee of the Board on Professional Responsibility, the Lawyers' Fund for Client Protection, the Delaware State Bar Association, the National Organization of Bar Counsel, and other related agencies. The chief disciplinary counsel shall be responsible for the supervision of all other persons serving the Office. The chief disciplinary counsel shall also have such powers and duties as described in subsection (e) below.(c) Deputy disciplinary counsel. -The attorney or attorneys appointed by the Court as deputy disciplinary counsel shall constitute, with the chief disciplinary counsel, the full-time legal staff of the Office, with such powers and duties as described in subsection (e) below. Deputy disciplinary counsel shall also assist the chief disciplinary counsel with management or administrative tasks, as necessary or appropriate, under the supervision of the chief disciplinary counsel.(d) Special disciplinary counsel. -The Court may, as necessary or appropriate, appoint on a part-time basis one or more special disciplinary counsel for specific matters which cannot, for whatever reason, be handled by the chief disciplinary counsel or deputy disciplinary counsel. An attorney acting as special disciplinary counsel shall have the powers and duties as described in subsection (e) below and shall be subject to the supervision of the Court.(e) Powers and duties of disciplinary counsel. -Each disciplinary counsel, as described in this rule, shall have the following general powers and duties, to the extent necessary or appropriate to carry out disciplinary counsel's designated role: (1) Screen and evaluate all information coming to the attention of the Office relating to conduct by a lawyer and/or the practice of law in the State of Delaware;(2) Investigate when necessary or appropriate all information coming to the attention of the Office which might be grounds for discipline or other action regarding the practice of law in the State of Delaware;(3) Make such recommendations as to discipline or other action regarding the practice of law in the State of Delaware to the Court, the Board on Professional Responsibility, the Preliminary Review Committee, the Unauthorized Practice of Law Subcommittee of the Board on Professional Responsibility, the Lawyers' Fund for Client Protection, and any other related agency;(4) Prosecute cases for disciplinary or other action before the Court, the Board on Professional Responsibility, and the Board on the Unauthorized Practice of Law;(5) Employ, subject to the budgetary limitations set by the Court, and supervise non-legal staff as necessary or appropriate for the operation of the Office;(6) Promptly notify the complainant and the respondent of the disposition of each matter;(7) Notify each jurisdiction in which a lawyer is admitted of any public discipline, reinstatement, transfer to or from disability inactive status, or other official action, as appropriate;(8) When a lawyer is convicted of a serious crime (as defined in the Rules of the Board on Professional Responsibility) in this State, forward a certified copy of the judgment of conviction to the disciplinary agency in each jurisdiction in which the lawyer is admitted;(9) Maintain permanent records of discipline, disability, and unauthorized practice matters, and compile statistics to aid in the administration of the system; and(10) Pursuant to directions from the Court, or as necessary or appropriate to the purposes of the regulation of the practice of law in this State, undertake any other tasks or investigations as so required.(f) Expenses. -The expenses of counsel and staff, administrative costs, and all other expenses relating to disciplinary matters shall be paid in accordance with subsection (g) of this rule. An audit of all funds entrusted to the Board and the Office of Disciplinary Counsel shall be filed with the Court on a yearly basis.(g) Funding. -The annual expenses of the Office of Disciplinary Counsel shall be paid out of assessments made annually against the active members of the Bar of this Court, and from other such sources as are determined by the Court. As a condition of continuing membership in the Bar of this Court, every active member, except judges disqualified from practicing law, shall pay to the Court an annual assessment as determined by the Court in the Annual Registration Statement pursuant to Supreme Court Rule 69. The assessment is due and payable on March 1 of each year and delinquent if not paid by March 1 of that year.Amended, effective 12/14/2004; effective 1/1/2009; amended effective9/12/2017.