Section 16 - Access to Disciplinary InformationA. Confidentiality. Prior to the filing and service of formal charges, the agency must maintain confidentiality of the matter, except that the pendency, subject matter, and status of an investigation may be disclosed in the discretion of disciplinary counsel if: (1) the respondent has waived confidentiality;(2) the proceeding is based upon allegations that include either the conviction of a crime or reciprocal discipline;(3) the proceeding is based upon allegations that have become generally known to the public; or(4) there is a need to notify another person or organization, including law enforcement, in order to protect the public, the administration of justice, or the legal profession.B.Nondisclosure Following Dismissals. Following the dismissal of a proceeding by disciplinary counsel, disciplinary counsel's file regarding the proceeding may be reviewed, pursuant to an audit policy adopted by the board, by members of the board, the disciplinary board administrator, or former board members appointed by the board chair for that purpose, provided however that the information contained therein shall not be disclosed by those reviewing it except as allowed by this section. Disciplinary Counsel and the Practice Assistance Counsel of the Louisiana State Bar Association may communicate as necessary concerning matters referred to the Practice Assistance and Improvement Program in accordance with Section 11(H).
C.Public Records and Proceedings. Upon filing and service of formal charges in a discipline matter, or filing of a petition for reinstatement, readmission or probation revocation, these filings and all subsequent filings and proceedings are public, except: (1) deliberations of the hearing committee, board, or court;(2) information with respect to which a protective order has been issued; or(3) as otherwise provided in this rule.D. Proceedings Alleging Disability or Revocation of Conditional Admission. Proceedings for transfer to or from disability inactive status and revocation of conditional admission are confidential. All orders transferring a lawyer to or from disability inactive status and revoking conditional admission are public.E.Protective Orders. In order to protect the interests of a complainant, witness, third party, or respondent, the hearing committee or board panel to which a matter is assigned may, upon application of any person and for good cause shown, issue a protective order prohibiting the disclosure of specific information otherwise privileged or confidential and direct that the proceedings be conducted so as to implement the order, including requiring that the hearing be conducted in such a way as to preserve the confidentiality of the information that is the subject of the application.F.Request for Nonpublic Information. A request for nonpublic information other than that authorized for disclosure under paragraph A above shall be denied unless the request is from one of the following agencies:(1) the Louisiana State Bar Association;(2) lawyer disciplinary enforcement agencies; or(3) the Supreme Court Committee on Bar Admissions.G.Notice to Lawyer. Except as provided in paragraph G, if the board or counsel decides to provide nonpublic information requested, and if the lawyer has not signed a waiver permitting the requesting agency to obtain nonpublic information, the lawyer shall be notified in writing at his or her last known address of that information which has been requested and by whom, together with a copy of the information proposed to be released to the requesting agency. The notice shall advise the lawyer that the information shall be released at the end of twenty-one days following mailing or electronic transmission of the notice unless the lawyer objects to the disclosure. If the lawyer timely objects to the disclosure, the information shall remain confidential unless the requesting agency obtains a court order requiring its release.H.Release Without Notice. If an otherwise authorized requesting agency has not obtained a waiver from the lawyer to obtain nonpublic information, and requests that the information be released without giving notice to the lawyer, the requesting agency shall certify that: (1) the request is made in furtherance of an ongoing investigation into misconduct by the lawyer;(2) the information is essential to that investigation; and(3) disclosure of the existence of the investigation to the lawyer would seriously prejudice that investigation.I. Notice to National Discipline Data Bank. The disciplinary agency shall transmit notice of all public discipline imposed against a lawyer, transfers to or from disability inactive status, and reinstatements to the National Discipline Data Bank maintained by the American Bar Association.J.Duty of Officials and Employees of the Agency. All officials and employees of the agency in a proceeding under these rules shall conduct themselves so as to maintain the confidentiality mandated by this rule.K.Confidentiality of Communications to the Louisiana State Bar Association Committee on Alcohol and Drug Abuse. No member of the Committee on Alcohol and Drug Abuse of the Louisiana State Bar Association shall be required or permitted to disclose any communication made to that member or any information received by that member while acting in the course of committee business concerning the conduct, behavior, or condition of a lawyer without the express consent of that lawyer.Amended April 25, 2019, effective 5/15/2019.