Rule 13 Hearing; Appeal
Rule Text
(a) Hearing Generally. Except as otherwise provided by these rules, all hearings are conducted by the Superior Court.
(b) Service
(1) Complaint. Consistent with the NMI Rules of Civil Procedure, the prosecuting counsel must serve the complaint by personal service. If the respondent cannot be found or is not in the Commonwealth, prosecuting counsel may conduct service through registered mail to respondent’s last known address.
(2) Other Documents. Unless otherwise provided, service of any other papers or notices required by these rules is governed by the NMI Rules of Civil Procedure.
(3) Address. For those subject to these rules, the failure to maintain a current mailing address with the Bar Association constitutes a waiver of any defect in service of process under these rules.
(c) Complaint. Formal disciplinary proceedings before any court are instituted by the filing of a complaint. The complaint must be sufficiently clear and specific so as to inform the respondent of the alleged misconduct. A copy of the complaint must be served upon the respondent.
(d) Answer. The respondent must serve an answer on the Superior Court Clerk of Court. Unless granted additional time by the Superior Court, the respondent must file the original and two copies with the court within 20 days after service of the complaint. If the respondent fails to answer within the time allowed then the charges are deemed admitted.
(e) Hearing Date. The Superior Court must give the respondent notice of the time and place of the hearing at least 15 days prior to the hearing. Unless delayed by the court for good cause, the hearing will be conducted between 30 and 90 days after an answer is filed.
(f) Venue. All disciplinary hearings are held in a Commonwealth court or at such other venue that may be designated by the judge having jurisdiction over the hearing.
(g) Public Exclusion from Hearing. For good cause, the Superior Court may exclude the public from the disciplinary hearing.
(h) Witnesses. At every hearing, the respondent must have the full opportunity to present witnesses and cross-examine all witnesses presented by the prosecuting counsel.
(i) Evidence. The Superior Court is not bound by the NMI Rules of Evidence. However, the court may only admit trustworthy evidence.
(j) Standard. The standard of proof for establishing misconduct is clear and convincing evidence.
(k) Findings and Conclusions. Within a reasonable time after the hearing, the Superior Court must enter findings of fact and conclusions of law in support of its decision.
(l) Discipline.
(1) Hearing. If it is likely that the Superior Court will impose discipline other than a private reprimand, the court must set the matter for a hearing at which the prosecuting counsel and the respondent may introduce: (1) aggravating and mitigating factors; and (2) recommended discipline.
(2) Committee Recommendation. If the Superior Court orders a hearing pursuant to Rule 13(l)(1), the court must notify the Committee so that it can prepare and file a discipline recommendation. If the Committee files a recommendation, the Committee must also provide a copy to the respondent and prosecuting counsel no later than 5 days before the Rule 13(l)(1) hearing. The Committee’s recommendation should consider, among other things, the following factors:
(A) Prior disciplinary history of the respondent;
(B) Cooperation, or lack thereof, of the respondent with the Committee investigation;
(C) Attempt by the respondent to mitigate any damage to clients or the public;
(D) Remedial action taken by respondent to minimize the reoccurrence of the same misconduct.
(3) Ordering Discipline. A Superior Court order imposing discipline must be forwarded to the Supreme Court Clerk of Court within 7 days of issuance. The order becomes effective when the Supreme Court issues an implementing order.
(A) Timeline. Unless the Supreme Court stays the Superior Court’s order, the implementing order must be issued within 7 days after the earlier of the deadline to file an appeal or the filing of an appeal.
(B) Transmittal. After the Supreme Court orders discipline or issues an implementing order, the Supreme Court Clerk of Court must transmit a certified copy of the order to the:
(1) judges within the Commonwealth; (2) jurisdictions and courts where the attorney has been admitted to practice;
(3) the Bar Association; and (4) as appropriate, other government entities.
(m) Appeal. The respondent may appeal the Superior Court’s decision and imposition of discipline within 20 days after the entry of judgment. Unless otherwise specified in these rules, the NMI Supreme Court Rules govern the procedure of an appeal. The Supreme Court may: (1) affirm, reverse, or modify the Superior Court’s decision; or (2) remand the matter for further consideration.
(1) Briefing Timeline: The opening brief must be filed within 20 days after the certificate of record is filed. The response brief must be filed within 20 days after the opening brief is filed. The reply brief must be filed within 10 days after the response brief is filed. No automatic extensions are permitted.
(2) Effect of Appeal. Unless otherwise ordered, an appeal does not toll: (1) discipline imposed by the Superior Court; or (2) Rule 17’s requirements for a disbarred or suspended attorney.