Rule 16 Confidentiality of Matters Under These Rules– Penalties
Part One: Rules of Discipline
Rule Text
(a) All disciplinary agencies, their assistants, staff, employees, members of the Bar, court reporters, clerks, and receivers are strictly enjoined to keep and maintain confidential, all things arising under these Rules and all proceedings thereon. The subject attorney may make such public statement or disclosure as he or she desires. The period of confidentiality shall end, however, upon the happening of any of the following events: (i) upon the subject attorney making any public statement or disclosure about a proceeding under these Rules; or (ii) a complaint under these Rules is filed with the Clerk of the Court.
(b) Disciplinary agencies under these Rules shall have authority to share information with law enforcement officials concerning any alleged violation of any federal or state criminal laws by an attorney. Disciplinary agencies shall also have the authority to share information with all other disciplinary agencies named in these Rules, the Judicial Performance Commission, the Board of Bar Admissions, the Ethics Commission, the Lawyers and Judges Assistance Program and their counterpart disciplinary agencies in other states.
(c) These Rules shall not prohibit any grievant, the subject attorney, or any witnesses from discussing publicly the existence of the proceeding under these Rules or from disclosing any information relating thereto, including the disclosing of any documents involved in the disciplinary proceeding.
(d) Statements made pursuant to Rule 16(c) of these Rules, in whatever form or by whatever means, outside the disciplinary process shall not enjoy the immunity provided in Rule 15 of these Rules.