9 Rule 1 The Professional Responsibility Board

Responsibility for, and overall supervision of, the program shall be vested in the Professional Responsibility Board (hereafter “Board”).

A. Appointment and Membership. The Board shall consist of seven members appointed by the Supreme Court of Vermont (hereafter “Court”). The membership of the Board shall be comprised of three members of the bar of this state, three public members, and one judge or retired judge of this state. The Court shall annually appoint one of the members of the Board to serve as chair, and one of the members to serve as vice-chair.

B. Quorum. Five members shall constitute a quorum, and the Board shall act only with the concurrence of a majority of those present.

C. Terms.

(1) The Board’s seven members shall be appointed for staggered terms of five years each. Terms begin on September 1 and end on August 31 of the fifth year. Appointments shall be made so that one board member term begins each calendar year in a seven year appointment cycle.

(2) A person may be appointed to serve the remainder of an unexpired term and then to no more than two consecutive five year terms.

(3) The Court may modify the terms of board members who are serving when the rule becomes effective and thereafter appoint new members so that their terms conform to part (1) of this rule.

D. Compensation and Expenses. Members shall be reimbursed for reasonable and necessary expenses related to the performance of their duties, and nonstate employees shall receive per diem compensation equivalent to that provided by law for comparable boards and commissions. The Commissioner of Finance and Management shall pay from the judicial appropriation all expenses of Board members when claims are submitted on proper vouchers approved by the Court Administrator.

E. Powers and Duties. The Board oversees the program, and implements, coordinates, and periodically reviews its policies and goals. Its powers and duties include the following:

(1) Adopt internal procedures for the administration of the program that are consistent with these rules, including but not limited to guidelines for:

(a) the prompt and timely disposition of all complaints;

(b) efficient coordination of the program’s Bar Assistance Program, dispute resolution, and disciplinary functions;

(c) the appointment of alternates when any member of a hearing panel, bar counsel, disciplinary counsel, or staff has a conflict or is otherwise disqualified or unable to serve;

(d) the assignment and rotation of hearing panels to conduct disciplinary and disability proceedings;

(e) the contracting of law clerk services for the hearing panels; and

(f) supervision of the program’s case docket and review of caseflow management procedures.

(2) Periodically review the operation of the program with the Court, and make an annual report, including statistics and recommendations for any rule changes, which report shall be public;

(3) Inform the public about the existence and operation of the program and the disposition of each matter in which public discipline has been imposed, a lawyer has been transferred to or from disability inactive status, or a lawyer has been reinstated or readmitted, including the findings of fact and conclusions of law upon which the public discipline is based;

(4) Continually review the operation and effectiveness of the Rules of Professional Responsibility and recommend to the Supreme Court amendment to those rules or other appropriate actions which it finds advisable. Pursuant to A.O. 11, the Board must provide the proper notice and opportunity to comment on proposals to amend the rules. Any individual having proposals for amendment to the Rules of Professional Conduct or other proposals for change related to attorney discipline is requested to forward it in writing to the chair or a member of the Board for consideration.