Rule 211: Review Committee Disposition

(a)   Consideration by Review Committee. The review committee will review each docketed complaint, the respondent’s written response, the investigative report, any relevant attachments, and the disciplinary administrator’s summary and recommendation. The review committee may defer decision or place the docketed complaint on hold until the next review committee meeting. A majority of the review committee may direct one of the following dispositions:

(1)   dismissal of the docketed complaint for lack of probable cause of a violation;

(2)   dismissal of the docketed complaint for lack of clear and convincing evidence of a violation, with or without a letter of caution;

(3)   referral of the respondent to the attorney diversion program;

(4)   informal admonition of the respondent; or

(5)   a hearing on a formal complaint before a hearing panel.

(b)   Probable Cause Finding. Before the review committee directs any of the dispositions in subsections (a)(3)-(a)(5), the review committee must find probable cause to believe that the respondent engaged in misconduct.

(c)   Notice. The review committee will notify the disciplinary administrator in writing of the disposition of each docketed complaint. The disciplinary administrator must serve the respondent in writing with notice of the disposition.

(d)   Demand for Hearing When Informal Admonition Directed. If the review committee directs the disciplinary administrator to impose an informal admonition, the respondent, no later than 21 days after service of notice under subsection (c) of the review committee’s disposition, may serve the disciplinary administrator with a demand for a hearing on a formal complaint. The hearing will be held under Rule 222.

[History: New rule adopted effective January 1, 2021.]