Rule 7.1 Suspension for Failure to Respond to a Request for Information or a Subpoena
Title 7: Suspension for Failure to Respond in a Disciplinary Investigation
Rule Text
Information or a Subpoena.
(1) Petition for Suspension. When a licensee fails without good cause to timely respond to a request from Disciplinary Counsel for information or records, or fails to respond to a subpoena issued pursuant to BR 2.2(2) (b), Disciplinary Counsel may petition the Disciplinary Board for an order immediately suspending the licensee until such time as the licensee responds to the request or complies with the subpoena. A petition under this rule shall allege that the licensee has not responded to requests for information or records or has not complied with a subpoena, and has not asserted a good-faith objection to responding or complying. The petition shall be supported by a declaration setting forth the efforts undertaken by Disciplinary Counsel to obtain the licensee’s response or compliance.
(2) Procedure. Disciplinary Counsel shall file a petition under this rule with the Disciplinary Board Clerk. The Adjudicator shall have the authority to act on the matter for the Disciplinary Board. A copy of the petition and declaration shall be served on the licensee as set forth in BR 1.8(1).
(3) Response. Within fourteen (14) calendar days after service of the petition, the licensee may file a response with the Disciplinary Board Clerk, setting forth facts showing that the licensee has responded to the requests or complied with the subpoena, or the reasons why the licensee has not responded or complied. The licensee shall serve a copy of the response upon Disciplinary Counsel pursuant to BR 1.8(2). Disciplinary Counsel may file a reply to any response with the Disciplinary Board Clerk within 2 business days after being served with a copy of the licensee’s response and shall serve a copy of the reply on the licensee.
(4) Review by the Disciplinary Board. Upon review, the Adjudicator shall issue an order that either denies the petition or immediately suspends the licensee from the practice of law for an indefinite period. The Adjudicator shall file the order with the Disciplinary Board Clerk, who shall promptly send copies to Disciplinary Counsel and the licensee.
(5) Duties upon Suspension. A licensee suspended from practice under this rule shall comply with the requirements of BR 6.3(1) and (2).
(6) Independent Charges. Suspension of a licensee under this rule is not discipline. Suspension or reinstatement under this rule shall not prevent the SPRB from directing Disciplinary Counsel to file a formal complaint against a licensee alleging a violation of RPC 8.1(a)(2), arising from the failure to respond or comply as alleged in the petition for suspension filed under this rule.
(7) Reinstatement. Subject to the requirements for reinstatement, any licensee who has been a licensee of the Bar but suspended under BR 7.1 solely for failure to respond to requests for information or records or to respond to a subpoena shall be reinstated by the Chief Executive Officer to the licensure status from which the person was suspended upon the filing of a Compliance Declaration with Disciplinary Counsel as set forth in BR 13.10.
Amendment history: (Rule 7.1 amended by Order dated November 1, 1984, effective December 1, 1984. Amended by Order dated September 24, 1987, effective October 1, 1987. Rule 7.1 amended by Order dated October 1, 1990. Title 7 amended by Order dated July 22, 1991.) (Rule 7.1 deleted by Order dated October 19, 2009.) (Rule 7.1 added by Order dated August 12, 2013, effective November 1, 2013.) (Rule 7.1(a), 7.1(b), 7.1(c), 7.1(d), 7.1(f), and 7.1(g) amended by Order dated May 3, 2017, effective January 1, 2018.) (Rule 7.1(a) and 7.1(g) amended by Order dated May 22, 2019, effective September 1, 2019.) (Rule 7.1 amended by Order dated August 17, 2022, effective July 1, 2023.) (Rule 7.1 amended by Order dated December 26, 2023, effective January 1, 2024.) (Rule 7.1(a)-(g) redesignated Rule 7.1(1)-(7) by Order dated May 23, 2024, effective January 1, 2025.) (Rule 7.1(1) through (7) amended by Order dated October 15, 2025, effective January 1, 2026.) Title 8 — Reinstatement