RULE 3.1. GENERALLY.
D. Investigation and District Inquiry Committee Procedures.
(1) Complaints not summarily dismissed must be promptly investigated by a member of the district inquiry committee or counsel.
(2) Upon assignment of the investigator, a copy of the complaint must be
provided to served on the lawyer.
(3) The lawyer, within twenty days of
receiving service of the complaint, shall submit serve a written response to the allegations in the complaint upon the assigned investigator. An extension may be granted by the chair only upon a showing of good cause. Failure to make a timely response is an admission that the factual allegations of the complaint are true for purposes of proceedings before the district inquiry committee.
(4) Concurrent with submission of the lawyer's written response under section D(3), the lawyer shall serve a copy of the response, including all attachments, upon the complainant. The lawyer shall provide to the assigned investigator proof of service of the response upon the complainant. Any subsequent written reply to the lawyer's response by the complainant must be provided to the lawyer within a reasonable time after receipt by the investigator.
(5) Within 60 days of assignment, absent an extension from the chair, the investigator shall file a written report with the chair containing a summary of the investigation and conclusions, the response received from the lawyer, and relevant documents. An extension may be granted by the chair only upon a showing of good cause.
(6) Notice of the opportunity to appear before the district inquiry committee must be provided to the complainant unless the complaint is subject to summary dismissal under Rule 3.1C or unless in the chair's opinion the complainant poses a threat of harm to the committee.
(7) Notice of the opportunity to appear before the district inquiry committee must be provided to the lawyer before entry of any discipline by the district inquiry committee or referral for formal proceedings.
(8) Counsel shall promptly notify the complainant and lawyer in writing of the disposition of the complaint and the reasons for the inquiry committee's decision. The complainant, lawyer, or counsel may appeal any disposition, except a determination that there is probable cause, to the board by filing a written request for review with counsel within 30 days of mailing of notice. Upon receipt of the written request, counsel shall refer the file to the board which shall consider the merits of the appeal. The determination of the board may be the subject of a petition for leave to appeal to the court, but leave will not be granted unless the person seeking leave to appeal shows that the board acted arbitrarily, capriciously, or unreasonably.
(9) The report required under section D(5) must be filed with the secretary upon disposition of the matter by the district inquiry committee.