Rule 2.2 Disciplinary Counsel
Title 2: Structure And Duties
Rule Text
(1) Appointment. Disciplinary Counsel is retained and employed by the Bar.
(2) Duties.
(a) Disciplinary Counsel shall review and investigate, as appropriate, allegations or instances of alleged misconduct on the part of licensees, including grievances referred by the Intake Office, Regulatory Counsel, or General Counsel and matters arising out of notifications from financial institutions that an instrument drawn against an licensee’s Lawyer Trust Account has been dishonored. In the absence of a grievance or notification through these channels, Disciplinary Counsel may initiate investigation of the conduct of a licensee based upon reasonable belief that misconduct has occurred, that a licensee is disabled from continuing to practice law, or that a licensee has abandoned a law practice or died leaving no licensee who has undertaken the responsibility of either managing or winding down the law practice.
(b) Disciplinary Counsel has authority to issue and seek the enforcement of subpoenas to compel the attendance of witnesses, including the licensee being investigated, and the production of books, papers, documents, and other records pertaining to the matter under investigation. Subpoenas issued pursuant to this rule may be enforced by application to any circuit court. The circuit court shall determine what sanction to impose, if any, for noncompliance.
(c) For those grievances not dismissed pursuant to BR 2.6(2), Disciplinary Counsel may, in its discretion, offer diversion pursuant to BR 2.10.
(d) Disciplinary Counsel shall provide advice and counsel to the SPRB on the disposition of all grievances neither dismissed pursuant to BR 2.6(2) nor resolved by diversion pursuant to BR 2.10.
(e) Disciplinary Counsel shall seek, as appropriate, relief provided for in BR 3.1, 3.2, 3.3, 3.4, and 3.5.
(f) Disciplinary Counsel shall prosecute formal proceedings as directed by the SPRB, including any review or other proceeding before the Supreme Court.
(g) Disciplinary Counsel shall represent the Bar in all contested reinstatement proceedings.
(h) Disciplinary Counsel shall represent the Bar before the court in all contested admission proceedings.
Amendment history: (Rule 2.2 amended by Order dated October 19, 2009.) (Former Rule 2.2 deleted; current Rule 2.2 added by Order dated May 3, 2017, effective January 1, 2018.) (Rule 2.2(b)(2) amended by Order dated May 22, 2019, effective September 1, 2019.) (Rule 2.2(b)(1) and (b)(2) amended by Order dated August 17, 2022, effective July 1, 2023.) (Rule 2.2(b)(1) amended by Order dated December 26, 2023, effective January 1, 2024.) (Rule 2.2(a)-(b) redesignated Rule 2.2(1)-(2) by Order dated May 23, 2024, effective January 1, 2025.) (Rule 2.2(2)(a), and (2)(b) amended by Order dated October 15, 2025, effective January 1, 2026.)