Section 14 - Default; Interim Default Suspension(A) Certification of Default. If the respondent has not filed an answer to a complaint on or before the answer date set forth in the notice to the respondent of the filing of the complaint or any extension of the answer date, the director of the Board shall provide the relator and respondent, in writing, a notice of intent to certify respondent's default to the Supreme Court. The certification of default shall be filed fourteen days after the notice of intent to certify unless the respondent files an answer prior to expiration of the fourteen-day period. The certification shall include a copy of the formal complaint pending before the Board and either a certificate indicating that the complaint has been served on the respondent or a certificate indicating that the complaint has been served on the clerk of the Supreme Court pursuant to Section 27 of this rule.(B)(1) Entry of Interim Default Suspension. Upon receipt of the certification, the Supreme Court shall issue the respondent an order to show cause why an interim default suspension shall not be entered. Notice of the order to show cause shall be served by the clerk of the Supreme Court as set forth in Section 17 of this rule, and any response to the order and answer briefs may be filed as set forth in Section 17 of this rule. Upon receipt of a response or expiration of the time for objections, the Court may enter an order it considers appropriate, including an order immediately suspending the respondent from the practice of law. Upon entry of an order suspending the respondent pursuant to this section, the clerk of the Supreme Court shall mail certified copies of the order as provided in Section 17 of this rule.(2) If the relator determines that the respondent owes restitution to clients or third parties as a result of the misconduct alleged in the formal complaint, the relator shall file a notice of restitution owed with the Supreme Court. The notice of restitution owed shall be filed within one hundred and eighty days of the date of the entry of an interim default suspension and shall be accompanied by sworn or certified documentary prima facie evidence in support of the claim of restitution. If relator files a motion to initiate default proceedings pursuant to division (D) of this section, the relator shall allege any claim of restitution owed in its motion and present evidence to the Board on remand in support of that claim.(C) Motion for Leave to Answer. Within ninety days of the date of the entry of an interim default judgment suspension, the respondent may file a motion with the Supreme Court for leave to file an answer to the complaint pending before the Board. The motion shall include a copy of the respondent's answer as an attachment. The motion may include a request from the respondent to terminate the interim default suspension for good cause shown. Upon receipt of the motion and any response from the relator, the Court may grant the motion and remand the matter to the Board for further proceedings under Section 12 of this rule. The order remanding the matter to the Board shall indicate that the interim default judgment suspension either remains in place while proceedings are pending before the Board or is terminated for good cause shown.(D) Motion to Initiate Default Proceedings. Within ninety days of the date of the entry of an interim default judgment suspension, the relator may file a motion with the Supreme Court to have the case remanded to the Board for the purpose of seeking the permanent disbarment of the respondent. Upon receipt of the motion, the Court may grant the motion and remand the matter to the Board for default proceedings pursuant to division (F) of this section. The order remanding the matter to the Board shall indicate that the interim default judgment suspension remains in place while proceedings are pending before the Board.(E)(1) Indefinite Suspension; Restitution. If the respondent has not filed a timely motion for leave to answer pursuant to division (C) of this section or if the relator has not filed a timely motion to initiate disbarment proceedings pursuant to division (D) of this section, the Court shall issue the respondent an order to show cause why the interim default judgment suspension should not be converted into an indefinite suspension. If the relator has filed a notice and supporting evidence pursuant to division (B)(2) of this section, the order shall also direct the respondent to show cause why the respondent should not be ordered to pay restitution in accordance with relator's notice and evidence. Notice of the order to show cause shall be served by the clerk of the Supreme Court as set forth in Section 17 of this rule, and any response to the order and answer briefs may be filed as set forth in Section 17 of this rule. Upon receipt of a response or expiration of the time for objections, the Court may enter an order it considers appropriate, including an order immediately converting the interim default suspension into an indefinite suspension and ordering the payment of restitution.(2) Further proceedings to terminate the indefinite suspension and reinstate the respondent to the practice of law shall be conducted pursuant to Section 25 of this rule, except that the respondent may file a petition for reinstatement no earlier than two years after the date of the entry of the interim default judgment suspension pursuant to division (B)(1) of this section.(F) Default Proceeding. Within thirty days of the issuance of a remand order pursuant to division (D) of this section, the relator shall file a motion for default with the Board. Prior to filing a motion for default, relator shall make reasonable efforts to contact the respondent.(1) Motion. A motion for default shall contain all of the following: (a) An affidavit from bar counsel or other appropriate representative of the relator documenting the efforts made to contact the respondent and the result;(b) Sworn or certified documentary prima facie evidence in support of the allegations made;(c) The recommendation of the relator that the respondent should be disbarred based on the misconduct alleged in the complaint and case law in support of the recommendation;(d) A statement of any aggravating or mitigating factors of which the relator is aware;(e) A certificate of service of the motion on respondent at the address shown for the respondent on the records of the Supreme Court and at the last address known to the relator, if different.(2)(a) Disposition. The director of the Board shall refer the motion for default to a judge or attorney commissioner or Board-appointed master who shall rule on the motion. A commissioner or master appointed to rule on the motion for default shall rule on all motions and interlocutory matters, and no ruling by the commissioner or master on a motion or interlocutory matter may be appealed prior to entry of the final order. If a motion for default is granted, the commissioner or master shall prepare a certified report for review by the Board. After review, the Board shall file a final certified report in accordance with Section 12(K) of this rule finding one of the following:(i) That the relator has failed to establish the allegations of the complaint by clear and convincing evidence and recommending that the complaint be dismissed and that the Court enter an order terminating the interim default judgment suspension;(ii) That there is clear and convincing evidence to establish that respondent is guilty of misconduct and recommending the respondent be indefinitely suspended from the practice of law, subject to reinstatement as provided in Section 25 of this rule;(iii) That there is clear and convincing evidence to establish that respondent is guilty of misconduct and recommending the respondent be disbarred.(b) If the Supreme Court grants a motion for leave to answer and remands the matter to the Board pursuant to division (C) of this section, the chair of the Board shall set aside a default entry and order a panel hearing at any time before the report and recommendation of the Board are certified to the Supreme Court.(G)Duty of Relator. The relator shall have a continuing duty to preserve evidence necessary to establish the misconduct alleged in the complaint filed with the Board.Amended September 9, 2020, effective 11/1/2020.