Section 9 - Filing and Investigation of Grievances(A) Referral by Board. The Board may refer to a certified grievance committee or the Office of Disciplinary Counsel any matter filed with it for investigation as provided in this section.(B) Referral by Certified Grievance Committee. If a certified grievance committee determines in the course of a disciplinary investigation that the matters of alleged misconduct under investigation are sufficiently serious and complex as to require the assistance of the Office of Disciplinary Counsel, the chair of the certified grievance committee may direct a written request for assistance to the Disciplinary Counsel. The Office of Disciplinary Counsel shall review and may investigate all matters contained in the request and report the results of the investigation to the committee that requested it.(C) Power and Duty to Investigate; Dismissal without Investigation.(1) The Office of Disciplinary Counsel or a certified grievance committee shall review and may investigate a grievance that alleges facts that, if substantiated, would constitute misconduct by a judicial officer or attorney or that alleges facts that, if substantiated, would indicate that a judicial officer or attorney is mentally ill, is suffering from alcohol and other drug abuse, or is suffering from a disorder. The Office of Disciplinary Counsel and a certified grievance committee shall review and may investigate any matter filed with it or that comes to its attention and may file a complaint pursuant to this rule in cases where it finds probable cause to believe that misconduct has occurred or that a condition of mental illness, alcohol and other drug abuse, or disorder exists.(2) A grievance may be dismissed without investigation if the grievance and any supporting material do not contain an allegation of misconduct, mental illness, alcohol and other drug abuse, or disorder on the part of a judicial officer or attorney. A certified grievance committee shall not dismiss a grievance without investigation unless bar counsel has reviewed the grievance.(D) Time for Investigation. The investigation of grievances by Office of Disciplinary Counsel or a certified grievance committee shall be concluded within two hundred seventy days from the date of the receipt of the grievance. A decision as to the disposition of the grievance shall be made within thirty days after conclusion of the investigation.(1) Extensions of Time. Upon written request of disciplinary counsel or a certified grievance committee, the director of the Board may extend the time to complete an investigation beyond two hundred seventy days in the event of pending litigation, appeals, unusually complex investigations, including the investigation of multiple grievances, time delays in obtaining evidence or testimony of witnesses, or for other good cause shown. Disciplinary counsel or the certified grievance committee shall provide notice of an extension request to the respondent or respondent's counsel. No investigation shall be extended beyond one year from the date of receipt of the grievance. If an investigation is not completed within two hundred seventy days from the date of filing the grievance or a good cause extension of that time, the director may refer the matter either to a geographically appropriate certified grievance committee or disciplinary counsel.(2) Time Limits not Jurisdictional. Time limits set forth in this rule are not jurisdictional. No investigation or complaint shall be dismissed unless it appears that there has been an unreasonable delay and that the rights of the respondent to have a fair hearing have been violated. Investigations that extend beyond one year from the date of filing are prima facie evidence of unreasonable delay.(E) Retaining Outside Experts. If a particular investigation may benefit from the services of an independent investigator, auditor, examiner, assessor, or other expert, a certified grievance committee may submit a written request to the director for permission to retain the services of the outside expert. The written request shall include a general statement of the purpose for which the request is being made and an estimate of the fees and costs expected to be incurred. The outside expert may be retained upon receipt of written approval of the director.(F) Cooperation with Lawyers' Fund for Client Protection. Upon the receipt of any grievance presenting facts that may be the basis for reimbursement from the Lawyers' Fund for Client Protection under Gov. Bar R. VIII, the Office of Disciplinary Counsel or a certified grievance committee shall notify the grievant of the potential right to reimbursement from the fund and provide the grievant with the forms necessary to initiate a claim with the fund. The Office of Disciplinary Counsel, a certified grievance committee, and the Board shall provide the Board of Commissioners of the Lawyers' Fund for Client Protection with findings from investigations, grievances, or any other records it requests in connection with an investigation under Gov. Bar R.VIII. The transmittal of confidential information may be delayed pending the termination of the disciplinary investigation or proceedings. (G) Duty to Cooperate. The Board, Disciplinary Counsel, and president, secretary, or chair of a certified grievance committee may call upon any judicial officer or attorney to assist in an investigation or testify in a hearing before the Board or a panel for which provision is made in this rule, including mediation and alternative dispute resolution procedures, as to any matter that he or she would not be bound to claim privilege as an attorney at law. No attorney, and no judicial officer, except as provided in Rule 3.3 of the Code of Judicial Conduct, shall neglect or refuse to assist or testify in an investigation or hearing.(H) Referral of Procedural Questions to Board. In the course of an investigation, the chair of a certified grievance committee, bar counsel, or Disciplinary Counsel may direct a written inquiry regarding a procedural question to the director of the Board. Upon receipt of a written inquiry, the director shall consult with the chair of the Board and respond to the inquiry.Amended September 9, 2020, effective 11/1/2020; amended October 12, 2023, effective 12/1/2023.