Rule 6.2 Probation

(1) Authority in Disciplinary Proceedings. In cases of stipulated discipline where a suspension of three years or less is imposed, the execution of the suspension may be stayed, in whole or in part, and the respondent may be placed on probation for a period no longer than three years. Probation, if ordered, may be under such conditions as the parties agree to as appropriate. Such conditions may include, but are not limited to, requiring alcohol or drug treatment; requiring medical care; requiring psychological or psychiatric care; requiring professional office practice or management counseling; and requiring periodic audits or reports. In any case where a licensee is placed on probation pursuant to this rule, the Adjudicator or the court may appoint a suitable person or persons to supervise the probation. Cooperation with any person so appointed shall be a condition of the probation.

(2) Authority in Contested Reinstatement Proceedings. Upon determining that an applicant should be conditionally reinstated to active licensure status, the court may decide to place the applicant on probation for a period no longer than three years. The probationary terms may include, but are not limited to, those provided in BR 6.2(1). The court may appoint a suitable person or persons to supervise the probation. Cooperation with any person so appointed shall be a condition of the probation. A licensee placed on probation pursuant to this rule may have their probation revoked for a violation of any probationary term by petition of Disciplinary Counsel in accordance with the procedures set forth in BR 6.2(4). A licensee whose probation is revoked shall be suspended from the practice of law until further order of the court.

(3) Disciplinary Board. The Disciplinary Board shall not impose probation in cases decided after a trial or a default and shall not conditionally reinstate an applicant after a contested reinstatement hearing.

(4) Revocation Petition; Service; Trial Panel; Setting Hearing. Disciplinary Counsel may petition the Adjudicator or the court, as the case may be, to revoke the probation of any licensee for violation of any probationary term imposed by a trial panel or the court, serving the licensee with a copy of the petition pursuant to BR 1.8. The Adjudicator or the court, as the case may be, may order the licensee to appear and show cause why probation should not be revoked and the original sanction imposed; the court also may refer the matter to the Disciplinary Board for hearing. When revocation of a trial panel probation is sought or the court has referred the matter to the Disciplinary Board for hearing, the Adjudicator shall appoint trial panel members pursuant to BR 2.4(6)(g) to serve with the Adjudicator on a trial panel that will conduct the show cause hearing and, where applicable, report back to the court. The Disciplinary Board Clerk shall notify the licensee and Disciplinary Counsel in writing of the members to serve on the trial panel. Parties may challenge trial panel members pursuant to BR 2.4(8). After any timely filed challenges have been ruled upon and any substitute members have been appointed, the Adjudicator shall promptly enter an order that the licensee appear and show cause why probation should not be revoked and the original sanction imposed, and that establishes the date, place, and time of the show cause hearing, which must be held not less than 21 days later. The Disciplinary Board Clerk shall send the parties a copy of the show cause order. At the hearing, Disciplinary Counsel has the burden of proving by clear and convincing evidence that the licensee has violated a material term of probation. If the licensee, after being served with a copy of the petition and sent a copy of the show cause order, fails to appear at the hearing, the trial panel shall deem the allegations in the petition to be true and proceed to issue its written opinion based on the petition. If the revocation matter is within the jurisdiction of the Disciplinary Board, the trial panel’s decision shall be filed with the Disciplinary Board Clerk, and the Disciplinary Board Clerk shall send copies to the parties. If the revocation matter is within the court’s jurisdiction, the trial panel appointed to conduct the show cause hearing shall report back to the court, and the court shall thereafter rule on the petition. A petition for revocation of an licensee’s probation shall not preclude the Bar from filing independent disciplinary charges based on the same conduct as alleged in the petition.

(5) Application of Other Rules. Except as specifically provided herein, Title 4 and Title 5 of the Rules of Procedure do not apply to proceedings brought pursuant to BR 6.2(4).