Ct attorney discipline backdating
The Inquiry Board does not determine the merits of a charge or conduct an adversary hearing and is not required to hear the testimony of witnesses. A respondent attorney may request an opportunity to make an oral statement to the Inquiry panel or a designated member before a complaint may be voted. For all matters before it, the Inquiry Board is to determine whether there is sufficient evidence for the filing of a complaint charging misconduct or a petition alleging incapacity with the Hearing Board, or if the investigation should be dismissed or closed.
The majority of a panel constitutes a quorum, and the concurrence of a majority is necessary to a decision.
If the lawyer abides by all conditions during the deferral period, the matter will be dismissed and no public discipline will be sought. Once the Inquiry Board has voted to approve the filing of formal charges, the Administrator files a complaint with the Clerk of the Commission, and the matter proceeds before the Hearing Board.
In matters where the evidence shows minor misconduct and where the lawyer agrees to remedy any harm that was incurred by a client, the Inquiry Board may defer proceedings for up to a year and allow the attorney to continue to practice under conditions, rather than vote a complaint.
The Hearing Board may itself administer a reprimand; all other discipline may be imposed only by the Supreme Court.
The Administrator may also file a written argument regarding the effect to be given the prior discipline, and the respondent may file a written argument on that issue within 7 days after the filing of the prior disciplinary orders or opinions. After considering the evidence, arguments and any filings pursuant to Commission Rule 277, the Hearing Board files with the Clerk of the Commission a written report making findings of fact and recommending appropriate discipline if misconduct has been found.
For active Illinois lawyers (admitted to practice for three years or longer, the annual fee is been 0.00.
The major modification to discovery practice is that written interrogatories are allowed only upon a showing of good cause and with leave of the Chair. In addition, both parties are required to file, within 28 days of service of the complaint, a report disclosing the name, address and telephone number of any and all persons who have knowledge of facts which are the subject of the proceeding, including the character or reputation of the respondent. The reports should be amended as either party becomes aware of any additional witnesses, and neither party will be allowed to present testimony by any person not identified on a report. A party may request substitution of a hearing panel chair as a matter of right, due to the chairs involvement in the matter, and for cause. The majority of a Hearing Board panel constitutes a quorum, and the concurrence of a majority is necessary to a decision. Failure to appear without good cause may be considered as a separate ground for discipline. In any case brought pursuant to either of the above rules, the Supreme Court may order a mental or physical examination of the attorney to be conducted by a member of an independent panel of physicians designated by the Administrative Office of the Illinois Courts. Proceedings before the Hearing and Review Boards under Rule 758 are confidential, as are proceedings on a motion for examination under Rule 760.