Supreme Court accepting comment on changes to attorney discipline rules

TOPEKA—The Kansas Supreme Court is accepting public comment on changes to attorney discipline rules.

Comment may be made by email to SCRulespubliccomment@kscourts.org until noon Tuesday, November 10. The subject line must read "Rules Relating to Discipline of Attorneys." 

Proposed Rules 200 through 240: Rules Relating to Discipline of Attorneys are on the Kansas judicial branch website at www.kscourts.org under Rules Open for Public Comment. 

The proposed changes are extensive and overhaul the existing rules. The rewritten rules align with other Supreme Court rules, increase efficiency, clarify the disciplinary process, and codify existing practices. 

Many provisions of existing rules relate to varied subjects. The proposed changes create separate rules for each subject and reorder the rules to better reflect how a complaint moves through the attorney disciplinary process.

New provisions in the proposed rules include:

• definitions for greater clarity;

• new deadlines for the disciplinary administrator and the respondent to promote an efficient hearing process;

• a clear process for respondents to get subpoenas to compel witnesses to testify at disciplinary hearings;

• expanded use of depositions in attorney disciplinary cases;

• a procedure for parties, by agreement, to submit a disciplinary case directly to the Supreme Court and forego a hearing before the Kansas Board for Discipline of Attorneys; and

• a provision that addresses using expert witnesses in disciplinary proceedings.

The proposed changes also move the Kansas Rules of Professional Conduct from Rule 226 to Rule 240. There are no changes to this rule other than the rule number.