(a)Investigation. All investigations, whether upon complaint or otherwise, shall be initiated and conducted by Counsel. Upon the conclusion of an investigation, Counsel shall recommend to a screening panel consisting of three (3) members of the Board, the disposition of all matters involving alleged misconduct either by dismissal or by the prosecution of formal charges before the Board. No disposition shall be recommended by Counsel until the Respondent-attorney shall have been afforded the opportunity to state his or her position with respect to the allegations against him or her. The recommended disposition shall be reviewed by a screening panel of the Board which may approve or modify such recommendation. The screening panel will then consider the results of the investigation made by Disciplinary Counsel, including any response made to the complaint by the Respondent-attorney. If the screening panel makes a determination that there is probable cause to believe that the Respondent-attorney is guilty of misconduct, further proceedings shall be brought in accordance with subsection (b). A respondent-attorney may demand as of right that a formal proceeding be instituted against him/her before the Board. In the event of such demand, the matter shall be disposed of in the same manner as any other formal hearing instituted before the Board.(b)Formal Hearing. Formal disciplinary proceedings before the Board shall be instituted by Counsel filing with the Board a petition setting forth with specificity the charges of misconduct. A copy of the petition shall be served upon the respondent-attorney. Within twenty (20) days thereafter, the respondent-attorney shall serve a copy of his or her answer upon Counsel and file the original thereof with the Board. In the event the respondent-attorney fails to file an answer, the charges shall be deemed admitted; provided, however, that a respondent who fails to answer within the time provided may obtain permission of the court to file an answer if such failure was attributable to mistake, inadvertence, surprise or excusable neglect. Following the service of the answer, if there are any issues of fact raised by the pleadings or if the respondent-attorney requests the opportunity to be heard in mitigation, the matter shall be assigned to the Board, and Counsel shall serve a notice of hearing upon the respondent-attorney, or his or her counsel, indicating the date and place of the hearing at least fifteen (15) days in advance thereof. The notice of hearing shall advise the respondent-attorney that he or she is entitled to be represented by counsel to summon and cross-examine witnesses and to present evidence in his or her own behalf. In the event a division of the Board conducts a formal hearing, it shall receive evidence, make findings of fact and recommendations to the Board for Board action.
The Board shall submit a report to this Court within sixty (60) days after the conclusion of the hearing and submission of briefs, if any, containing its findings and recommendations, together with a record of the proceedings before it.
If after notice of hearing has been served any member of the Board assigned to hear the matter is unable to serve and no other member of the Board is available, a former member of the Board, designated by the Chairperson or Vice Chairperson, is authorized and may sit in his/her stead.
(c)Annual Report. The Board shall annually in July report to the Court in writing all matters presented for its consideration during the year ended on the previous December 31.(d)Review by this Court. If the Board determines that a proceeding should be dismissed, or that it should be concluded by public censure, suspension or disbarment, it shall submit its findings and recommendations, together with the entire record, to this Court. This Court shall review the record and enter an appropriate order. Proceedings, if any, before this Court shall be conducted by Counsel.(e)Duty to Cooperate. The failure of an attorney whose conduct is the subject of an investigation authorized by these rules to comply with the reasonable orders and requests of either Counsel or the Board shall constitute unprofessional conduct, and any such failure shall be referred forthwith to this Court for such action as it deems appropriate.