Basic HTML Version
(3) another matter concerning the same person is pending before the Committee; or
(4) the Panel concludes that the views of the Committee would materially assist the Court in
deciding the matter.
The Panel may refer any other matter arising under these rules to the Committee for any other
purpose relating to these rules that the Panel considers appropriate.
(c) Action by the Committee
.
(1) After receiving a matter referred by the Panel, the Committee will mail notice to the
practitioner concerned regarding the adverse matter(s) and of the rights specified in
subsection (d) below.
(2) The Committeemayhold a hearing even though the practitioner concerned has not requested
one. At any hearing before the Committee, the Committee may call witnesses to testify.
(3) The Committee will investigate the matter and submit its report to the Court as soon as
practicable. Its investigation will include the gathering of such additional evidence as it
considers appropriate to fulfill its responsibilities. The report of the Committee will include
findings of fact, conclusions of law (if appropriate), and a recommendation (with supporting
reasons) as to what action the Court should take. In the investigation of applicants or of
practitioner misconduct, the Committee must consider and discuss in its report, but is not
bound by, the American Bar Association Standards for Imposing Lawyer Sanctions. Any
evidence gathered by the Committee will be attached as an appendix or appendices to its
report.
(d) General Rights of the Practitioner Concerned.
The practitioner concerned is entitled to the
following as applicable:
(1) To submit, not later than 30 days after the date of the notice provided pursuant to subsection
(c)(1) above, unless that time is extended by the Chair for good cause, a response to any
matter(s) referred to the Committee; and
(2) on request, to receive from the Court copies of Court docket sheets; any grievance filed by
a member of the public with the Clerk against the practitioner concerned; all evidence
presented to the Court or the Committee; and any documents submitted to the Court, as well
as any public documents issued by the Court, during litigation of a matter that is related to
the matter(s) referred to the Committee; and
(3) to a hearing if, not later than 30 days after the date of the notice referred to in subsection
(c)(1) above, a written request is received by the Clerk, who will promptly forward such
request to the Chair of the Committee; and
3