Section 2 - The Attorney Disciplinary BoardA.Agency. There is hereby established one permanent statewide agency to administer the lawyer discipline and disability system. The agency consists of a statewide board as provided in this Section 2, hearing committees as provided for in Section 3, disciplinary counsel as provided for in Section 4, and staff appointed by the board and counsel. The agency is a unitary entity. While it performs both prosecutorial and adjudicative functions, these functions shall be separated within the agency insofar as practicable in order to avoid unfairness. The prosecutorial functions shall be directed by a lawyer employed full-time by the agency and performed, insofar as practicable, by employees of the agency. The adjudicative functions shall be performed by practicing lawyers and public members.B.Appointment. The disciplinary board shall be appointed by the Court and shall consist of fourteen members. Except as herein provided, terms of office of all board members shall be for three years. No board member shall serve more than two consecutive terms. Members of the board shall not be subject to removal by the court during their terms of office except for cause. Board appointments shall be made as follows:
(1) One lawyer member shall be appointed from Supreme Court District One.(2) One lawyer member shall be appointed from Supreme Court District Two.(3) One lawyer member shall be appointed from Supreme Court District Three.(4) One lawyer member shall be appointed from Supreme Court District Four.(5) One lawyer member shall be appointed from Supreme Court District Five.(6) One lawyer member shall be appointed from Supreme Court District Six.(7) One lawyer member shall be appointed from Supreme Court District Seven.(8) Four public members shall be appointed from the state at-large.(9) Two lawyer members shall be appointed from the state at-large.(10) The fourteenth member shall be a lawyer who shall have prior lawyer discipline experience. This member shall be nominated annually by the Louisiana State Bar Association. All nominations made by the Louisiana State Bar Association shall be subject to approval by the court. The Louisiana State Bar Association may renominate any appointee for two additional one-year terms. The member who is nominated by the LSBA and approved by the court shall serve on the administrative committee.C.Election of Officers. The members of the board shall annually elect lawyer members as chair and vice-chair. The duties of the chair and vice-chair shall be described in the board's internal operating rules.D.Number Required for Action. The board shall act with the concurrence of a majority of those board members who participate and vote, provided at least eight board members participate and vote. The adjudicative committee shall act with the concurrence of a majority of adjudicative committee members, provided at least seven committee members participate and vote.
The administrative committee shall act with the concurrence of a majority of administrative committee members, provided at least three committee members participate and vote.
E.Compensation and Expenses. Members shall receive no compensation for their services, but may be reimbursed for travel and other expenses incidental to the performance of their duties.F.Abstention of Board Members. Board members shall refrain from taking part in any proceeding in which a judge, similarly situated, would be required to abstain.G.Powers and Duties. The board shall divide itself into two committees: a nine-member adjudicative committee and a five-member administrative committee. The adjudicative committee shall include three public members, and the administrative committee shall include one public member. (1)Joint Duties. The adjudicative and administrative committees shall jointly have the following powers and duties: (a) To propose rules of procedure for lawyer discipline and disability proceedings for adoption by the court, to adopt internal operating rules which do not conflict with the Rules for Lawyer Disciplinary Enforcement, and to comment on the enforceability of existing and proposed Rules of Professional Conduct;(b) To appoint, with the approval of this court, a chief disciplinary counsel, hereinafter referred to as "counsel" or "disciplinary counsel", to perform prosecutorial functions;(c) To appoint and supervise its staff, separate from the prosecutorial staff, to assist the board in its functions;(d) To review periodically the operation of the system and report to the court;(e) To inform the public about the existence and operation of the system and the disposition of each matter in which public discipline has been imposed, a lawyer has been transferred to or from disability inactive status, a lawyer has been reinstated or readmitted, a lawyer's conditional admission has been revoked, a lawyer's probation has been revoked, or a lawyer has been interimly suspended;(f) To delegate, in its discretion, to any board member, the power to act for the board on administrative and procedural matters; and(g) Such other functions and duties as are provided by court rule or order.(2)Powers and Duties of Adjudicative Committee. The adjudicative committee shall have the following powers and duties:(a) To perform appellate review functions, consisting of review of the findings of fact, conclusions of law and recommendations of hearing committees with respect to formal charges, and petitions for reinstatement and readmission, and prepare and forward to the court its own findings, if any, and recommendations, together with the record of the proceedings before the hearing committee;(b) To administer reprimands;(c) To issue admonitions in accordance with Section 11(D);(d) To impose probation for a specified period with the consent of the respondent;(e) To rule on procedural matters; and(f) Other adjudicative duties as are provided by court or board rules.(3)Duties of Administrative Committee. The administrative committee shall have the following powers and duties:(a) To appoint hearing committees and (i) establish the rotation by which they will be assigned formal hearings;(ii) designate the chair for each;(iii) assign the chair, or the other regular lawyer member of the chair's committee, to review in rotation recommendations of counsel for disposition of disciplinary matters and petitions for transfer to and from disability inactive status pursuant to Section 3(E)(1); and(iv) assign hearing committees to review in rotation dismissals by disciplinary counsel upon a request for review by complainant.(b) Financial management, including the review of budget requests submitted by the office of disciplinary counsel and the board administrator;(c) Human resource management;(e) Facilities management;(f) To establish an Advisory Committee, to be comprised of a maximum of fourteen (14) members. Advisory Committee members must be former members of the Louisiana Attorney Disciplinary Board. The Advisory Committee shall have no authority to act for or bind the agency, but shall serve as a source of information and feedback between the agency and members of the public and the bar; and(g) Other administrative duties as are provided by court or board rules. Members of the administrative committee shall not participate in or vote on matters involving appellate review functions of the adjudicative committee.
Amended effective 1/27/2016; amended April 25, 2019, effective 5/15/2019.