- - 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 16. INTERIM SUSPENSION PROCEDURE.
A. An action for the interim suspension of a lawyer is initiated, adjudicated and imposed in the following manner:
(1) Pursuant to Section 17(E)(3)(a), an interim suspension may be imposed immediately upon a panel's decision to institute disbarment action on any formal complaint pending before it;
(2) Pursuant to Section 17(E)(3)(b), an interim suspension may be imposed upon presentation to a panel of the Committee of satisfactory proof that the attorney has pleaded guilty to, entered a nolo contendere plea, or has been found guilty of a Serious Crime in any jurisdiction;
(3) Pursuant to Section 17(E)(3)(c), a panel of the Committee may impose an interim suspension upon presentation of a verified petition by the Executive Director containing sufficient evidence to demonstrate that the attorney poses a substantial threat of serious harm to the public or to the lawyer's clients.
B. The attorney shall be given immediate notice of interim suspension consistent with the provisions of Section 9(A). Within seven (7) days of notice of the imposition of interim suspension, the attorney may submit to the Executive Director an affidavit in rebuttal of the evidence before the panel of the Committee and a request for the dissolution or modification of the interim suspension. An original and eight (8) copies of the rebuttal and request will be submitted to the Executive Director which shall be forthwith disseminated by mail or facsimile transmission to the panel of the Committee for its reconsideration and expeditious action. Upon receipt of the panel's decision, the Executive Director shall promptly notify the attorney pursuant to Section 9(A)(2).
C. An attorney suspended pursuant to Section 17(E)(3) shall comply with the requirements of Section 21. The imposition of an interim suspension does not abate any pending disciplinary actions against the attorney.
D. An interim suspension imposed pursuant to Section 17E(3)(c) shall be dissolved upon the following conditions:
(1) The alleged misconduct did not result in a decision to initiate disbarment or in action by a panel of the Committee pursuant to Sections 9(A)(1), 9(B), and 10(D)(3); and
(2) Ninety (90) days have elapsed from the denial of a request to dissolve or modify the suspension; and,
(3) The attorney complied with the requirements of Section 21.