9 Rule 22 Interim Suspension for Threat or Harm

A. Transmittal of Evidence. Upon receipt of sufficient evidence demonstrating that a lawyer subject to the disciplinary jurisdiction of the Court has: (1) either committed a violation of the rules of professional responsibility as adopted by the Court or is under a disability as set forth in Rule 25, and (2) presently poses a substantial threat of serious harm to the public, disciplinary counsel shall:

(i) transmit the evidence to the Court together with a proposed order for interim suspension; and

(ii) contemporaneously make a reasonable attempt to provide the lawyer with notice, which may include notice by telephone or any other electronic means, that a proposed order for immediate interim suspension has been transmitted to the Court; and

(iii) evidence transmitted to the Court pursuant to subsection (i) is public.

B. Immediate Interim Suspension. Upon examination of the evidence transmitted to the Court by disciplinary counsel and of rebuttal evidence, if any, which the lawyer has transmitted to the Court prior to its ruling, the Court may enter an order immediately suspending the lawyer, pending final disposition of a disability or disciplinary proceeding predicated upon the conduct which poses the threat of serious harm, or may order such other action as it deems appropriate. Whenever an order of interim suspension has been issued, the Court may appoint a trustee pursuant to Rule 28 to protect clients’ interests.

C. Notice to Clients. Any lawyer suspended pursuant to this rule shall comply with the notice requirements of Rule 27.

D. Motion for Dissolution of Interim Suspension. On two days notice to disciplinary counsel, a lawyer suspended pursuant to paragraph B may appear and move for dissolution or modification of the order of suspension, and in the event the motion shall be heard and determined by the Court as expeditiously as the ends of justice require.

E. Automatic Reinstatement. If a lawyer has been suspended because of conduct constituting a threat of harm to clients under paragraph A of this rule demonstrates that all disciplinary proceedings predicated upon the evidence submitted under paragraph A have been dismissed, the order of interim suspension shall be vacated and the lawyer placed on active status.