Rule 3.2 Confidential Disciplinary Information

(a) Scope of Confidentiality. All disciplinary materials that are not public information as defined in rule 3.1(b) are confidential and are held by the Board under the authority of the Supreme Court, including but not limited to information protected by rule 3.3(b), rule 5.1(c)(3), a protective order under rule 3.2(c), rule 3.2(b), court order, or other applicable law (e.g., medical records, police reports, etc.).

(b) Investigative Confidentiality. During the course of an investigation or proceeding, the Chair may direct that otherwise public information be kept confidential if necessary to further the purposes of the investigation. At the conclusion of the proceeding, those materials become public information unless subject to a protective order.

(c) Protective Orders. To protect a compelling interest of a grievant, witness, third party, respondent LLLT, or other participant in an investigation, on motion and for good cause shown, the Board Chair, the chair of the discipline committee to which a matter is assigned, or a hearing officer to whom a matter is assigned may issue a protective order prohibiting the disclosure or release of specific information, documents, or pleadings, and direct that the proceedings be conducted so as to implement the order. Filing a motion for a protective order stays the provisions of this title as to any matter sought to be kept confidential until five days after a ruling is served on the parties. The Board reviews decisions granting or denying a protective order if either the respondent LLLT, Clerk, or disciplinary counsel requests a review within five days of service of the decision. On review, the Board may affirm, reverse, or modify the protective order. The Board’s decision is not subject to further review. A request for review by the Board stays the provisions of this title as to any matter sought to be kept confidential in that request, and the request itself is confidential until a ruling is issued.

[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a permanent rule.]