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Clerk of the Appellate Courts
Kansas Judicial Center
301 SW 10th Avenue, Room 374
Topeka Kansas 66612-1507
Telephone:  785.296.3229
Fax:  785.296.1028
Email: appellateclerk@kscourts.org


Rules Adopted by the Supreme Court

RULES RELATING TO DISCIPLINE OF ATTORNEYS

Rule 212
Rules Relating to Discipline of Attorneys

PROCEEDINGS BEFORE THE SUPREME COURT

(a) All disciplinary and reinstatement proceedings filed with the Board or in the Kansas Supreme Court shall be styled:

In the Matter of No. _______________________
_____________________________________________
Respondent or Petitioner
(as the case may be).

(b) Cases for hearing before the Supreme Court shall be filed with the Clerk of the
Appellate Courts and shall contain a copy of the formal complaint and respondent's
answer, together with fifteen copies of the panel's report and fifteen copies of the
recommendation of the Disciplinary Administrator, if any. Thereupon, the matter shall be
docketed by the Clerk. The complaint, answer, report, findings, and recommendation of
the hearing panel, recommendation of the Disciplinary Administrator, if any, and the
transcript, if any, and all other evidence admitted before the panel shall constitute the
record in the case.

(c) Upon docketing of said case the Clerk of the Appellate Courts shall mail a
copy of the report to the respondent and, if represented, to his or her attorney, and shall
issue a citation directing the respondent to file with the Clerk either (1) a statement that
respondent does not wish to file exceptions to the report, findings, and recommendation,
or (2) respondent's exceptions to the report. Any part of the hearing report not specifically
excepted to shall be deemed admitted. If respondent's address is unknown and a copy of
said report and citation cannot be served upon said respondent, the matter shall stand
submitted on the merits upon the filing of a certificate by the Clerk disclosing such facts.

(d) If the respondent fails to file exceptions to the report within twenty days of the
mailing thereof the findings of fact in the report shall be deemed to be admitted and the
Supreme Court shall fix a time and place for the imposition of discipline and the Clerk of
the Appellate Courts shall notify the respondent by registered or certified mail of such
time and place. The respondent shall appear in person and may be accompanied by
counsel and may make a statement with respect to the discipline to be imposed.

(e) If the respondent files exceptions the following steps shall be taken:

(1) The Clerk of the Appellate Courts shall immediately cause a transcript of
the record of the proceedings before the panel to be prepared and filed and
a copy to be served upon respondent. Such transcript shall be a part of the record and both the Disciplinary Administrator and respondent may refer
thereto in their respective briefs, setting forth with particularity the pages of
the transcript where the material referred to may be found.

(2) The respondent shall have thirty days from service of the transcript to file a
brief.

(3) Upon the filing of respondent's brief, the Disciplinary Administrator or
special prosecutor shall have thirty days in which to file a brief, and
respondent shall have fourteen days after filing of the brief of the
Disciplinary Administrator or the special prosecutor to file a reply brief.
The briefs shall be of such number and form and be served in such manner
as is provided by the rules relating to appeals in civil actions.

(4) If, after thirty days from the service of the transcript, respondent fails to file
a brief, respondent will be deemed to have conceded that the findings of
fact made by the hearing panel are supported by the evidence.

(5) The matter shall be set for arguments as in civil appeals. The respondent
shall appear in person and may be accompanied by counsel. The
respondent may make a statement regarding the exceptions made to the
panel report and/or to the discipline to be imposed.

(f) The recommendation of the panel or the Disciplinary Administrator as to
sanctions to be imposed shall be advisory only and shall not prevent the Court from
imposing sanctions greater or lesser than those recommended by the panel or the
Disciplinary Administrator.

(g) In all cases where the Supreme Court has ordered discipline by suspension or
disbarment from the practice of law, such discipline shall become effective immediately
upon the filing of the order or opinion with the Clerk of the Appellate Courts, unless
otherwise ordered by the Court. The Respondent shall have twenty days from the filing of
such order or opinion to file a motion for rehearing or modification, or any other proper
pleading. The filing of such motion or other pleading shall not stay or affect the order of
suspension or disbarment of the respondent to practice law unless and until the Court
rules otherwise.

[History: Previously Rule 213, Am. effective January 8, 1979; Am. effective July 29,
1980; Am. effective March 22, 1985; Am. effective March 1, 1988; Am. (e) effective
July 1, 2010; Am. (e)(5) effective December 1, 2012.]

See also: Rule 1001 - Electronic and Photographic Media Coverage of Judicial Proceedings