- - Section 1. Scope
- - Section 2. Definitions
- - Section 3. Committee on Professional Conduct
- - Section 4. Committee Panels
- - Section 5. Office of Professional Conduct
- - Section 6. Confidentiality, Records
- - Section 7. Procedure
- - Section 8. Discovery
- - Section 9. Service of Complaint, Response, Failure to Respond, Reconsideration
- - Section 10. Vote by Ballot
- - Section 11. Public Hearing
- - Section 12. Appeal
- - Section 13. Disbarment Proceedings
- - Section 14. Reciprocal Disbarment or Suspension
- - Section 15. Criminal Activity
- - Section 16. Interim Suspension Procedure
- - Section 17. Sanctions
- - Section 18. Fines, Costs and Restitution
- - Section 19. Factors to be Considered in Imposing Sanction
- - Section 20. Surrender of License, Discipline by Consent
- - Section 21. Duties of Sanctioned Attorney
- - Section 22. Restrictions on Former Attorneys
- - Section 23. Reinstatement
- - Section 24. Readmission to the Bar
- - Section 25. Inactive Status
- - Section 26. Expungement of Dismissals
- - Section 27. Contempt
- - SECTION 28. Attorney trust account and automatic "overdraft" notification procedure
- - See Current/Former Procedures Parallel-References Table
PROCEDURES OF THE ARKANSAS SUPREME COURT
REGULATING PROFESSIONAL CONDUCT
OF
ATTORNEYS AT LAW
SECTION 11. PUBLIC HEARING.
If a hearing is requested after a ballot vote:
A. A panel will be so notified, and the written ballots if any, will be destroyed. The prior findings and decision shall be for naught and a panel will hear the complaint de novo under the rules for public hearings. The public hearing shall be heard before a seven-member panel of the Committee, the members of which will be selected by the Chairperson of the Committee, none of whom shall have been members of the original ballot-vote panel.
B. The Executive Director shall set a date for the hearing and shall notify the respondent attorney and the complainant of the hearing date. Once a hearing is set, the granting of any request for a continuance shall be at the discretion of the chair of the panel. The chair of the panel may require a prehearing conference.
C. At the end of the hearing, the panel shall hold an executive session to deliberate upon any disciplinary action to be taken. The findings and decision of the panel shall be announced immediately. The votes of the individual members shall be announced if the decision is not unanimous.
D. If a majority of the panel votes to caution, reprimand, or suspend an attorney, the Office of Professional Conduct shall be so advised, and shall notify the complainant of the specific action taken against the attorney. The Office of Professional Conduct will prepare, with the advice and consent of the panel, the Findings and Order, and a copy shall be filed as a public record in the office of the Clerk.
E. If a majority of the panel votes to disbar, the Executive Director, shall file an action for disbarment as provided in Section 13. Alternatively, if circumstances require and with the Supreme Court's approval, the panel may retain independent counsel to prosecute the disbarment proceeding. If the panel finds that a lawyer has committed acts against a client which constitute theft of property under Ark. Code Ann. 5-36-103 (or its replacement), regardless of whether the attorney has been convicted, disbarment proceedings must be initiated.
F. The Committee may refer matters involving lesser misconduct to alternatives- to-discipline programs as explained in Section 5(C)(2).
G. Doctor-Patient Privilege Waived. Raising the defense of mental or physical disability by one who is the subject of a disciplinary proceeding shall constitute a waiver of the doctor-patient privilege.
G. Immunity for Disciplinary Proceedings. Except for perjury and false swearing, complainants, respondents and witnesses are absolutely immune from suit or action for all communications with the Committee and all statements made within the disciplinary proceeding.