Local Rule LCvR 83.14: COMMITTEE ON GRIEVANCES

LCvR 83.14 COMMITTEE ON GRIEVANCES

(a) APPOINTMENT.

There shall be established a standing committee appointed by the Court to be known as the Committee on Grievances (the "Committee") consisting of six or more members of the Bar of this Court appointed for terms of three years and until their successors have been appointed. The terms of the members shall be staggered so as to provide continuity. No member of the committee on Grievances shall serve more than two consecutive terms.

The Court shall designate a Chair of the Committee and a Vice Chair who shall act in the absence or disability of the Chair. Members of the Committee shall serve without compensation except that the Court may authorize payments in lieu of expenses from fees collected by the Clerk pursuant to LCvR 83.8(f).

(b) DUTIES.

The Committee shall be charged with receiving, investigating, considering and acting upon complaints against all attorneys subject to these Rules, LCvR 83.12(b) relating to disbarment, suspension, censure, reprimand or other disciplinary action, and petitions for reinstatement of attorneys.

(c) CLERK.

The Clerk shall with approval of the Court, appoint a Clerk to the Committee who shall have all powers vested in a Deputy Clerk of the Court. The Clerk to the Committee shall assist the Committee, maintain records of its proceedings, investigations and prosecutions, and proceed as otherwise set forth in these Rules.

(d) CONFIDENTIALITY AND IMMUNITY.

All proceedings before the Committee involving allegations of misconduct of an attorney and all documents and charges presented to the Committee shall remain confidential and privileged. All formal charges prepared by the Committee and directed to be filed by the Court, attorney or grievance cases filed with the Clerk of the Court, court orders, and subsequent pleadings, answers or responses filed therein shall be matters of public records.

All meetings and hearings of the Committee shall be held in camera and the business conducted therein shall remain confidential and privileged. The Committee's Chair or, in the Chair's absence or disability, the Vice Chair shall have discretion in determining the manner and extent of cooperating with disciplinary agencies from other jurisdictions. All records and minutes of the Committee shall be maintained under seal and shall not be disclosed except by order or direction of the Chief Judge (or the designee of the Chief Judge).

When exercising the power delegated by the Court, Committee members shall be absolutely immune from suit for any conduct in connection with their duties. Complaints submitted to the Committee on Grievances pursuant to LCvR 83.16 shall be absolutely privileged and no claim or action predicated thereon may be instituted or maintained.

COMMENT TO LCvR 83.14: Section (c) governs the responsibilities of the Clerk to the Committee. The most important change is section (d) which is added to describe the practice of the Committee on Grievances and the Court relating to confidentiality and disclosure of disciplinary proceedings. It clarifies existing practice by explicitly stating which proceedings are confidential and which are not. The Rule does not bar disclosure of information by order of the Chief Judge or his/her designee in connection with judicial appointments. In addition, consistent with rules of other courts and case law, the Rule provides that Committee members shall be immune from suit for conduct in the course of their duties in exercising the power delegated to the Committee members by the Court.