PROCEDURES OF THE ARKANSAS SUPREME COURT

REGULATING PROFESSIONAL CONDUCT

OF

ATTORNEYS AT LAW

 

SECTION 3. COMMITTEE ON PROFESSIONAL CONDUCT.

A.  Composition; Term of Office.   
    (1)  The Supreme Court shall appoint the members of the Committee on Professional Conduct to assist in enforcing these Procedures. The Committee shall consist of two separate seven-member panels. Each panel will be comprised of five attorneys, one chosen from the State at large and one from each of the four Congressional Districts. Two non-attorneys will be chosen to serve on each panel, and these four lay members will be chosen from the State at large. Members shall not be permanently assigned to a particular panel, but the composition of the panels shall rotate among the members from time to time. Each appointment shall be for a term of six years unless otherwise designated by the Supreme Court. Members may be reappointed to one successive six-year term. Terms shall be staggered. Vacancies occurring from causes other than expiration of term of office will be filled by the Supreme Court as they occur, and the person so appointed shall serve the remainder of his or her predecessor's term. Committee members shall serve until their successors are appointed and certified. The Committee shall elect one of its members as Chairperson and another as Secretary. The Committee, consistent with the provisions herein, may adopt such internal, operating rules and policies as may be necessary to facilitate the performance of its duties, responsibilities, and administrative functions.  
    (2)  Members shall refrain from taking part in any disciplinary proceeding in which a judge similarly situated would be required to recuse.  
    (3)  Seven reserve members shall be appointed to serve as a pool from which replacements may be drawn in those instances in which members of the Committee are disqualified or unable to serve. Five of the reserve members shall be lawyers with at least one from each Congressional District. Two of the reserve members shall not be lawyers and shall be selected from the State at large. In other respects, the terms of service for reserve members shall be the same as provided for the Committee. Reserve members shall possess the authority, powers, immunities and entitlements as provided for the Committee by these Procedures, and which are necessary and appropriate for the discharge of their duties and function. The Committee Chairperson or Executive Director shall appoint reserve members to serve, individually or collectively as the situation requires, in those instances in which members of a panel of the Committee consider themselves disqualified or are unable to serve. Reserve members serving as replacements shall be selected so as to maintain the appropriate lawyer/non-lawyer composition. Reserve members do not have to be selected unless the required quorum of the Committee or a panel thereof is not present. If necessary, the Supreme Court may appoint additional persons to serve as reserve members to permit the Committee to discharge its duties.  
    B.  Quorum. A majority of the Committee shall constitute a quorum for the conduct of Committee business, but the Committee shall not sit en banc for disciplinary proceedings. When the Committee is authorized to act in a seven-member panel, five members shall constitute a quorum.  
    C.  Authority; Powers.   
    (1)  The Committee, through its panels, shall have, and is hereby granted, authority to impose any sanctions deemed appropriate as provided in Section 7 (Procedure), Section 17 (Sanctions), and Section 18 (Fines, Costs, and Restitution).  
    (2)  The Committee, through its panels, is hereby authorized to take action by written ballot subject to the requirements and limitations set out in Section 10 of these Procedures.  
    (3)  The Committee, through its panels, is authorized to conduct hearings at either:  
      (a)  The request of the panel; or  
      (b)  The request of the respondent attorney after written ballots are taken.  
    (4)  The Committee is authorized to hold meetings to conduct the business of the Committee which consists of, but is not limited to, the election of officers, the determination of pending complaints, and such administrative matters as required.  
    (5)  The Committee shall have the authority to employ, with the consent of the Supreme Court, an Executive Director who will not be a member of the Committee, and shall not have a vote on any matter presented to the Committee for decision. The Committee, acting through its Chairperson, may temporarily employ or designate from the staff attorneys of the Office of Professional Conduct an acting Executive Director in any case in which the Executive Director or the Senior Staff Attorney (pursuant to Section 5(D)(3)) is unable to act, or recuses, or disqualifies.  
    (6)  The Committee shall maintain a permanent office under the supervision of the Executive Director for the conduct of its business and the maintenance of the various records of the Committee.  
    (7)  The seal heretofore adopted by the Committee shall be the official seal for its use in the performance of the duties imposed by these Procedures.  
    (8)  The Committee, through its panels as described herein, shall have the authority to issue summonses for any person(s), or subpoenas for any witness(es), including the production of documents, books, records, or other evidence, in the same manner as is provided for civil process pursuant to the Arkansas Rules of Civil Procedure, requiring the presence of any person, or the attendance of any witness before the Committee for the purpose of testimony, or in furtherance of an investigation. Such process shall be issued under the seal of the Committee provided for in subsection C(7) of this Section and be signed by the Chairperson of the Committee, Secretary, the chair of a panel of the Committee or by the Executive Director. Any subpoenas issued herein shall clearly indicate that the subpoenas are issued in connection with a confidential investigation under these Procedures and that it is regarded as contempt of the Supreme Court for a person subpoenaed to breach the confidentiality of the investigation. If found to be in contempt of the Supreme Court under these Procedures, a person may be punished by incarceration, imposition of a fine, or both. In addition, it shall be grounds for discipline under these Procedures for a subpoenaed attorney to breach the confidentiality of the investigation. It shall not be regarded as a breach of confidentiality for a person subpoenaed to seek or consult with legal counsel in regard to the subpoena, nor shall the confidentiality apply to subpoenas issued in connection with a public hearing.  
    (9)  The Committee, through the Chairperson, a panel chair, or the Executive Director, may seek immunity from criminal prosecution for a reluctant witness, using the procedure of Ark. Code Ann.  16-43-601 to 606 (1987).  
    (10)  The Committee may propose rules of procedure for lawyer discipline and disability proceedings for promulgation by the Supreme Court, and comment on existing and proposed rules.  
    (11)  The Committee shall periodically review the operation of the system with the Supreme Court.  
    (12)  The Committee, working with the Office of Professional Conduct, shall inform the public about the existence and operation of the system and the disposition of each matter in which public discipline has been imposed, a lawyer has been transferred to or from disability inactive status, or a lawyer has been reinstated. Communication options should include toll-free telephone and the Internet.  
    (13)  The Committee shall perform administrative oversight over the Office of Professional Conduct which shall include: reviewing the productivity and efficiency of the office; assessing caseload management; reviewing and making recommendations concerning budgetary matters; making recommendations to the Executive Director; and improving the statistical records of the office. Administrative responsibilities may be delegated to panels of the Committee on a rotating basis, which may include an Executive Committee selected by the Committee.  
    (14)  When so requested by a Federal Judge under the Uniform Federal Rules of Disciplinary Enforcement adopted by the United States District Courts of Arkansas on May 1, 1980, or successor rules, the Committee may act as the disciplinary agency and the Executive Director as counsel in a federal disciplinary action. Any additional expense incurred in the processing of a federal complaint will be paid from the funds arising from the assessments levied pursuant to the Uniform Federal Rules and available for that purpose. When final action is taken under a federal complaint, a report of that action will be made to the Federal Judge who referred the matter, and the Committee may also furnish to the Federal Judge any other information from its files necessary to fulfill its duties as disciplinary agency.  
    D.  Immunity. The Committee, its individual members, Executive Director and employees and agents of the Committee are absolutely immune from suit or action for their activities in discharge of their duties hereunder to the full extent of judicial immunity in Arkansas.  
    E.  Expenses. From the funds established and appropriated by the Arkansas Supreme Court and in accordance with budgetary limitations, members of the Committee shall be entitled to receive their travel and hotel expenses, reimbursement for postage, stationery, communications, an attendance allowance, other incidental expenses including stenographic bills and court costs chargeable against them, and to attend training and continuing education programs. All such items shall be paid by the Clerk by check on such funds. Accounts must be itemized and certified by the Chairperson, Secretary, or the Executive Director of the Committee as true and correct.