13-19 Board Proceedings Upon Appeal
- 13-1 Definitions
- 13-1.1 Burden of Proof
- 13-2 Authority of the Courts
- 13-3 General Administrative Authority of Council
- 13-4 Establishment of District Committees
- 13-5 Authority and Duties of COLD
- 13-6 Disciplinary Board
- 13-7 District Committees
- 13-8 Bar Counsel
- 13-9 Clerk of the Disciplinary System
- 13-10 Processing of Complaints by Bar Counsel
- 13-11 Limited Right to Discovery
- 13-12 Substantial Compliance, Notice and Evidentiary Rulings
- 13-13 Participation and Disqualification of Counsel
- 13-14 Disqualification of District Committee Member or Board Member
- 13-15 Subcommittee Action
- 13-16 District Committee Proceedings
- 13-17 Perfecting an Appeal of a District Committee Determination by the Respondent
- 13-18 Board Proceedings Upon Certification
- 13-19 Board Proceedings Upon Appeal
- 13-20 Board Proceedings Upon Certification for Sanction Determination
- 13-21 Board Proceedings Upon a First Offender Plea
- 13-22 Board Proceedings Upon a Guilty Plea or an Adjudication of a Crime
- 13-23 Board Proceedings Upon Impairment
- 13-24 Board Proceedings Upon Disbarment, Revocation or Suspension in Another Jurisdiction
- 13-25 Board Proceedings for Reinstatement
- 13-26 Appeal from Board Determinations
- 13-27 Resignation
- 13-28 Consent to Revocation
- 13-29 Duties of Disbarred or Suspended Respondent
- 13-30 Confidentiality of Disciplinary Records and Proceedings
- 13-31 Dismissal of Complaints and Charges of Misconduct Upon Revocation Without Consent, or Upon Death
- Docketing An Appeal. Upon receipt of notice from the Clerk that a Respondent has filed an appeal from a District Committee Determination the Board shall place such matter on its docket for review.
- Notice to the Appellant. The Clerk shall notify the appellant when the entire record of the Proceeding before the District Committee has been received or when the time for appeal has expired.
- Record on Appeal. The record shall consist of the Charge of Misconduct, the complete transcript of the Proceeding, any exhibits received or refused by the District Committee, the District Committee Determination, and all briefs, memoranda or other papers filed with the District Committee by the Respondent or the Bar. Upon petition of the Respondent, for good cause shown, the Board may permit the record to be supplemented to prevent injustice, such supplement to be in such form as the Board may deem appropriate.
- Briefing. Thereafter, briefs shall be filed in the office of the Clerk, as follows:
- The appellant shall file an opening brief within 40 days after the mailing of the notice to the appellant regarding the record by the Clerk. Failure of the appellant to file an opening brief within the time specified herein shall result in the Dismissal of the appeal and affirmance of the decision by the District Committee.
- The appellee shall file its brief within 25 days after filing of the opening brief.
- The appellant may file a reply brief within 14 days after filing of the appellee’s brief.
- Standard of Review. In reviewing a District Committee Determination, the Board shall ascertain whether there is substantial evidence in the record upon which the District Committee could reasonably have found as it did.
- Oral Argument. Oral argument shall be granted, unless waived by the appellant.
- Imposition of Sanctions. Upon review of the record in its entirety, the Board may:
- Dismiss the Charge of Misconduct upon a finding that the District Committee Determination is contrary to the law or is not supported by substantial evidence;
- Affirm the District Committee Determination, in which instance the Board may impose the same or any lesser sanction as that imposed by the District Committee. In no case shall it increase the severity of the sanction imposed by the District Committee; or
- Reverse the decision of the District Committee and remand the Charge of Misconduct to the District Committee for further proceedings.
The amendments effective December 1, 2019, revised Paragraph 13-19 to clarify and simplify language.
Updated: November 25, 2019