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Rules Adopted by the Supreme Court

Rules Relating to Discipline of Attorneys

Rule 222
Rules Relating to Discipline of Attorneys

Confidentiality

(a) All proceedings, reports, and records of disciplinary investigations and hearings, except as hereinafter provided, shall be private and shall not be divulged in whole or in part to the public except by order of the Supreme Court or subpoena or order of any other court of competent jurisdiction.

(b) Any person violating subsection (a) may be subject to punishment for contempt of the Supreme Court.

(c) The rule of confidentiality shall not apply to the complainant, respondent or to any information which the Board or the Disciplinary Administrator considers to be relevant to any current or future criminal prosecution against the attorney.

(d) After a determination of probable cause as provided in Rule 210(c), all subsequent proceedings, and the record pertinent thereto, shall be public and no longer subject to the confidentiality hereinbefore set forth.

(e) The Disciplinary Administrator and the Board are authorized, in his/her, or its discretion, to disclose to the Supreme Court Nominating Commission, the District Judicial Nominating Commissions, the Commission on Judicial Qualifications, or the Governor all or any part of the file involving any judge or prospective nominee for judicial appointment; and to make public all or any part of its files involving any candidate for election to or retention in public office; and to provide all or any part of its files to any other state disciplinary authority or any law enforcement agency.

(f) Upon the completion of any investigation which results in dismissal or informal admonition, the Disciplinary Administrator shall notify the complainant of the action taken and is hereby authorized to reveal to such complainant such information as deemed necessary to adequately explain the basis for the decision and action of the review committee.

[History: Previously Rule 223, Am. effective January 8, 1979; Am. effective March 1, 1988.]