Rule 5 - Disciplinary Counsel(a) This Court shall appoint a Chief Disciplinary Counsel (hereinafter referred to as "Counsel") and such assistants and staff as may from time to time be required to properly perform the functions hereinafter prescribed.(b) Counsel shall have the power and duty: (1) to investigate all matters involving alleged misconduct which come to his/her attention whether by complaint or otherwise;(2) to recommend to the Board the disposition of all matters involving alleged misconduct by dismissal or the prosecution of formal charges. Except in matters requiring dismissal because the complaint is frivolous on its face or falls outside the Board's jurisdiction, no disposition shall be recommended by Counsel until the respondent-attorney shall have been afforded the opportunity to state his/her position with respect to the allegations against him/her;(3) to prosecute all disciplinary proceedings before the Board;(4) to appear at hearings before this Court with respect to motions for reinstatement by suspended or disbarred attorneys, to cross-examine witnesses testifying in support of the motion and to marshal available evidence, if any, in opposition thereto;(5) to take such steps as may be necessary to ascertain and to inform this Court whenever an attorney has been declared incompetent or committed on the grounds of incompetency or disability; and(6) to petition the court for immediate suspension prior to a hearing pursuant to Rule 6(b) when it is necessary for the public's protection;(7) to maintain records of all matters processed and the disposition thereof, subject to the following provisions: (i) All files relating to a complaint terminated by a dismissal or by dismissal with a letter of suggestion shall be expunged from the files of the Disciplinary Counsel after the expiration of seven (7) years from the date of the dismissal;(ii) All files relating to a complaint terminated by a dismissal with a letter of admonition shall be expunged from the files of the Disciplinary Counsel after the expiration of ten (10) years, so long as there has been no intervening disciplinary action taken with reference to the attorney and there is no complaint then pending against the attorney;(iii) Upon written application to the Board, for good cause shown and with written notice to the attorney in question, who shall be given an opportunity to be heard, the Office of Disciplinary Counsel may request that records which would otherwise be expunged under this Rule, be retained for such additional periods of time as the Board deems appropriate. The Office of Disciplinary Counsel may seek further extensions of the period for which retention of the records is authorized whenever a previous application has been granted;(iv) The term expunge shall mean that all files or other evidence of the existence of the complaint shall be destroyed, except that the Disciplinary Counsel may keep a docket showing the names of each respondent and complainant, the final disposition, and the date all files relating to the matter were expunged; and,(v) After a disciplinary file has been expunged, any communication from the Disciplinary Board or Disciplinary Counsel responding to an inquiry regarding the existence of any disciplinary history of an attorney shall not disclose the existence of any expunged record.(8) to require a respondent-attorney to undergo a physical or psychiatric examination or evaluation, if counsel has reason to believe that allegations of misconduct against a respondent-attorney are related to substance abuse or mental health problems;(9) to advise respondent-attorneys of the availability of the Confidential Assistance Committee of the Rhode Island Bar Association and in appropriate instances, to refer respondent-attorneys to that Committee for evaluation by the Employees' Assistance Program.As amended, 9/15/1995; 2/3/2000; Revised 11/1/2023.