La. R. Sup. Ct. app A r. 8

As amended through October 31, 2024

Rule 8 - Complainants' Appeals

Upon receipt of an appeal from a complainant pursuant to Supreme Court Rule XIX, Section 30(A), the administrator shall open a record on the board's confidential docket and shall serve a copy of the appeal on disciplinary counsel. Within seven days following service of the appeal by the administrator, disciplinary counsel shall file in the record the following materials from the investigative file:

a) Notices issued in accordance with Section 4(B)(6);

b) All written requests for review of a dismissal pursuant to Section 11(B)(3);

c) All documents submitting any such appeal to a hearing committee;

d) All documents constituting a response or a ruling by the hearing committee on the appeal; and

e) All notices to the complainant of the disposition by the hearing committee.

Upon receipt of the materials filed by disciplinary counsel, the administrator shall refer the appeal to a lawyer member of a board panel. The lawyer member of the panel may require the parties to submit additional information necessary to consider the appeal. The lawyer member of the panel may approve, modify or disapprove the disposition, or direct that the matter be investigated further. The standard of review for complainant appeals of dismissal is whether disciplinary counsel abused his/her discretion in dismissing a complaint.

The determination of the board is subject to the provisions of Supreme Court Rule XIX, Section 30(C), regarding the right to petition for leave to appeal to the Louisiana Supreme Court.

La. R. Sup. Ct. app A r. 8

Amended April 25, 2019, effective 5/15/2019.