Local Rule L.R. 83-3.1.5: Right of Attorney Involved to a Hearing and to Present Evidence

L.R. 83-3.1.5 Right of Attorney Involved to a Hearing and to Present Evidence. Before recommending the imposition of any discipline, the investigating Section shall provide to the attorney involved a statement of the charges and a description of the discipline which the Section is considering recommending. The Section, upon request of the attorney involved, shall conduct a hearing on the charges, which hearing shall be recorded electronically or by a court reporter. The attorney involved shall have the right to be represented by counsel and to be personally heard under oath at said hearing. The attorney involved may also present sworn testimony of relevant witnesses and may submit briefing and evidentiary exhibits at said hearing. Following the said hearing, the section shall formulate its findings of fact and conclusions of law in writing together with a statement of the discipline, if any, which it recommends. Where the imposition of discipline is recommended, the Section shall, within 30 days of the hearing or of the completion of the investigation, transmit to the Committee, along with its recommendation, copies of its proposed findings of fact and conclusions of law, the exhibits which it received in evidence and the record of testimony which was presented to it. The Committee shall thereafter promptly adopt, modify or reject the section's recommended action. The Committee may, but need not, hear any further statement by the attorney affected or his or her counsel, or receive any further evidence or briefing. If the Committee determines to recommend the imposition of discipline, it must do so at a meeting, which may be held telephonically, with at least seven members voting in favor of the recommendation.