Current through Register Vol. 54, No. 44, November 2, 2024
(1) Where it appears that a
respondent-attorney who has been placed on probation has violated the terms of
the probation, Disciplinary Counsel may file a petition with the Board
detailing the violation and suggesting appropriate modification of the order
imposing the probation, including without limitation immediate suspension of
the respondent-attorney.
(2) A
hearing on the petition shall be held within ten business days before a member
of the Board designated by the Board Chair. If the designated Board member
finds that the order imposing probation should be modified, the following
procedures shall apply:
(i) If the order
imposing probation was entered by the Supreme Court, the designated Board
member shall submit a transcript of the hearing and a recommendation to the
Supreme Court within five business days after the conclusion of the hearing. A
copy of the transcript and recommendation shall be personally served upon the
respondent-attorney. The Court, or any justice thereof, may enter a rule
directing the respondent-attorney to show cause why the order imposing
probation should not be modified as set forth in the petition, which rule shall
be returnable within ten business days. If the period for response has passed
without a response having been filed, or after consideration of any response,
the Court may enter an order modifying as appropriate the order imposing
probation.
(ii) If the order
imposing probation was entered by the Board, the designated Board member shall
submit a transcript of the hearing and a recommendation to the Board within
five business days after the conclusion of the hearing. A copy of the
transcript and recommendation shall be personally served upon the
respondent-attorney along with a notice that the respondent-attorney may file a
response to the recommendation with the Board within ten business days. If the
period for response has passed without a response having been filed, or after
consideration of any response, the Board may enter an order modifying as
appropriate the probation previously ordered or directing the commencement of a
formal proceeding under this chapter.
