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the requesting court or agency, and the nature of the documents intended to be released.
The notification will advise the practitioner concerned that the information will be
released unless the practitioner has filed with the Clerk an objection not later than 21
days after the date of the notice. If an objection is filed, the information will remain
confidential except as provided in subparagraph (C) below.
(C) Without notice or waiver, the Clerk will release only the minimum nonpublic
information necessary to respond to a request under subparagraph (A) above and only
as a Panel directs in a particular case and only if the requesting court official or head
of the agency certifies in writing that:
(i) The request is made as part of an ongoing investigation into the conduct of the
practitioner concerned; and
(ii) the information is essential to that investigation; and
(iii) disclosure of the existence of the investigation to the practitioner concerned
would seriously prejudice that investigation.
(d) Records of Disclosures.
All requests for information and responses thereto, with any internal
advice on the propriety and extent of any release, will be maintained as a part of the disciplinary
file concerned.
(e) Duty of Confidentiality.
All persons privy to a proceeding under these rules must, and all Court
personnel with knowledge of such proceedings will, maintain the confidentiality mandated by
this Rule.
(f) Disclosure of RedactedMaterial.
Nothing in this Rule or otherwise in these rules shall prevent
the Court from adopting a process for making public redacted orders or summaries thereof
regarding private discipline imposed or not imposed by the Court. Redaction and summarization
shall attempt to protect the identity of a practitioner concerned.
RULE 13. DUTIES OF THE CLERK
(a) During Proceeding.
During the pendency of any proceeding under these rules concerning the
actions or possible incapacity of a practitioner concerned, the Clerk will not refer the name of
the practitioner concerned to unrepresented appellants before the Court.
(b) Notification to Other Jurisdictions.
Following the issuance of an order imposing discipline,
as prescribed in Rule 5(e), and subject to subsection (d) below, the Clerk will promptly mail a
certified copy of the order imposing public discipline to another court or other governmental
entity if there is reason to believe that the practitioner is admitted to practice before that court
or entity.
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