Proposed Amendments to the Rules for Lawyer Discipline
RULE 6.1 RECORDS
A. Confidentiality. Before the filing of the petition with the board by counsel, all proceedings involving an allegation of misconduct or disability of a lawyer and all associated records, including the complaint, investigative report, and recommendation, are confidential, except that the pendency, subject matter, status of an investigation, and final disposition, if any, may be disclosed by the chair of the board if:
(1) The lawyer has waived confidentiality;
(2) The proceedings are based upon conviction of a crime:
(3) The proceedings are based upon allegations that have become generally known to the public; or
(4) It involves matters alleging any form of disability and the court enters an order transferring the lawyer to disability inactive or incapacitated status.
All officials and employees of the board, hearing panels, or
district inquiry committees in the proceedings shall
themselves so as to maintain the confidentiality of the
proceedings. This rule does not deny access to relevant
information to authorized agencies investigating qualifications
for admission to practice, to the client protection fund operated
by the associated investigating the validity of a client's claim,
to law enforcement agencies investigating qualifications for
government employment, or to any judicial nominating committee.
Upon the filing of a formal petition with the board, counsel
shall inform the appropriate local prosecutor, by mailing a copy
of the petition to the local prosecutor, if counsel determines
the facts alleged in the petition may constitute a criminal
The confidentiality established by this rule does not apply to the dissemination or exchange of information concerning any proceedings involving an allegation of misconduct or disability between district inquiry committees or between district inquiry committees and the board.
This rule does not require the disclosure of any records concerning a lawyer's screening for or participation in the lawyer assistance program.
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