9 Rule 20 Additional Rules of Procedure

A. Nature of Proceedings. Disciplinary proceedings are neither civil nor criminal but are sui generis.

B. Proceedings Governed by Rules of Civil Procedure. Except as otherwise provided in these rules, the Vermont Rules of Civil Procedure and the Vermont Rules of Evidence apply in discipline and disability cases.

C. Standard of Proof. Formal charges of misconduct, petitions for reinstatement, and petitions for transfer to and from disability inactive status shall be established by clear and convincing evidence.

D. Burden of Proof. The burden of proof in proceedings seeking discipline or transfer to disability inactive status is on disciplinary counsel. The burden of proof in proceedings seeking reinstatement and transfer from disability inactive status is on the respondent.

E. Prehearing Conference. At the discretion of the hearing panel or upon request of either party, a conference may be ordered for the purpose of obtaining admissions or otherwise narrowing the issues presented by the pleadings. The conference shall be held before the chair of the hearing panel or another member of the hearing panel designated by the chair.

F. Availability of Hearing Transcript. The record of a hearing shall be made available to the respondent at the respondent’s expense on request made to disciplinary counsel.

G. Related Pending Litigation. The processing of a disciplinary matter shall not be delayed because of substantial similarity to the material allegations of pending criminal or civil litigation unless the Board or a hearing panel in its discretion authorizes a stay for good cause shown.

H. Delay Caused by Complainant. Neither unwillingness nor neglect of the complainant to sign a complaint nor to prosecute a charge, nor settlement, nor compromise between the complainant and the lawyer, nor restitution by the lawyer shall, in itself, justify abatement of the processing of any complaint.

I. Effect of Time Limitations. Except as otherwise provided in these rules, time is directory and not jurisdictional. Failure to observe prescribed time intervals may result in sanctions against the violator but does not justify abatement of any disciplinary or disability investigation or proceeding.

J. Complaints Against Panel Members or Staff of the Professional Responsibility Program. If a complaint is filed against a member of a hearing panel, no member of that hearing panel shall participate in disposition of that complaint. If a complaint is filed against Screening Counsel, Bar Counsel, or Disciplinary Counsel, the Board shall appoint substitute counsel to serve in that lawyer’s place on that matter. If a complaint is filed against a member of the Board, neither Screening Counsel, Bar Counsel, nor Disciplinary Counsel shall process the complaint; the complaint will be sent to the chair of one of the hearing panels, who shall appoint special counsel to handle the complaint consistent with these rules. The hearing panel chair who appoints special counsel shall not thereafter participate in any disciplinary proceedings brought by the special counsel.