N.D.R. Lawyer Discipl.
RULE 1.3. FORMS OF DISCIPLINE.
1 A. Forms. Misconduct is grounds for one or more of the following forms of
3 (1) Disbarment by the court, in which case the lawyer is not eligible for
4 readmission for five years;
5 (2) Suspension by the court for an appropriate fixed period of time not in
6 excess of three years;
7 (3) Immediate interim suspension imposed by the court, pending final
8 determination of discipline;
9 (4) Probation imposed by the court not in excess of two years, or imposed
10 by a hearing panel or district inquiry committee with the consent of the respondent not
11 in excess of two years. The probation may be renewed for an additional two-year
12 period by consent or after a hearing to determine if there is a continued need for
14 (5) Admonition by the district inquiry committee;
15 (6) Reprimand by the court or a hearing panel;
16 (7) Restitution to persons financially injured;
17 (8) Reimbursement to the client protection fund;
18 (9) Assessment of costs and expenses of proceedings against the lawyer; or
19 (10) Limitation by the court on the nature or extent of the lawyer's future
21 B. Conditions. Conditions may be attached to an admonition, a reprimand, or
22 probation. Failure to comply with a condition is a ground for reconsideration of the
23 matter and imposition of further discipline against the lawyer.
24 C. Mitigation or Aggravation. Mitigating or aggravating circumstances
25 affecting the nature or degree of discipline to be imposed must be fully set forth in the
26 opinion disposing of the matter.
27 D. Costs. Unless otherwise ordered by the court or
the a hearing panel, costs
28 and expenses of all disability or discipline proceedings, including, without limitation,
29 the costs of investigations, service of process, witness fees, and a court reporter's
30 services, must be assessed against the lawyer in any case where discipline is imposed
31 or there is a transfer to disability inactive status or incapacitated status. In assessing
32 costs and expenses, the court or hearing panel may consider as a mitigating factor the
33 lawyer's tender of a conditional admission under Rule 4.2 that is consistent with or
34 less than the discipline imposed. All expenses so assessed must be paid to the
35 secretary of the board.
36 [Amended effective July 1, 1999; March 1, 2017. Adopted effective 37 January 1, 1995.]