N.D.R. Lawyer Discipl.
RULE 2.4. DISTRICT INQUIRY COMMITTEES.
1 A. Disciplinary Districts. The state is divided into disciplinary districts:
2 (1) Southeastern District. The Southeastern District includes the following
3 counties: Barnes, Cass, Dickey, Kidder, LaMoure, Logan, McIntosh, Ransom,
4 Richland, Sargent, and Stutsman.
5 (2) Northeastern District. The Northeastern District includes the following
6 counties: Benson, Cavalier, Eddy, Foster, Grand Forks, Griggs, Nelson, Pembina,
7 Pierce, Ramsey, Rolette, Steele, Towner, Traill, Walsh, and Wells.
8 (3) Western District. The Western District includes the following counties:
9 Adams, Billings, Bottineau, Bowman, Burleigh, Burke, Divide, Dunn, Emmons,
10 Golden Valley, Grant, Hettinger, McHenry, McKenzie, McLean, Mercer, Morton,
11 Mountrail, Oliver, Renville, Sheridan, Sioux, Slope, Stark, Ward, and Williams.
12 B. Appointment
- Special Members. The association president shall appoint a
13 nine-member district inquiry committee, consisting of six lawyers and three public
14 members, within each disciplinary district.
Upon the request of an inquiry committee
chair, the association president may appoint not more than three special members to
an inquiry committee for purposes of conducting investigations of complaints and
preparing and presenting investigative reports. A special member need not be a
resident of or practice law in the disciplinary district for the inquiry committee to
which the member is appointed. A special member is appointed for a term of three
months but, the association president may extend the term for up to an additional nine
months. A special member may not vote on the disposition of a complaint under
23 C. Terms of Office. All terms are for three years and a member of a district
24 inquiry committee may not serve for more than two consecutive full three-year terms.
25 Terms must be staggered so that no more than two lawyer members and one public
26 member are appointed for full three-year terms in any one year. A member who has
27 served two consecutive three-year terms may not be reappointed before the expiration
28 of at least one year.
29 D. Chair. At the first meeting of each district inquiry committee in each
30 calendar year, the members of the committee shall elect a chair who shall preside at
31 all meetings, perform the usual duties of a chair, and be responsible for preparation
32 of a report of the meeting to file with the board. A vice-chair shall be similarly elected
33 to act in the absence of the chair.
34 E. Abstention. A committee member shall refrain from taking part in any
35 proceedings in which a judge, similarly situated, would be required to disqualify.
E F. Powers and Duties. Each district inquiry committee shall:
Through members designated by its chair or by using the services of
counsel, investigate all information about a lawyer which, if true, would be grounds
for discipline or transfer to disability inactive or incapacitated status, and provide a
report of the investigation to counsel for distribution to the district inquiry committee;
(2) Review investigative reports and recommendations;
(3) (2) Act on each complaint:
43 (a) by dismissal in accordance with Rule 3.1C,
46 (b) by approval of diversion from discipline,
47 (c) by issuance of an admonition or consent probation or both,
48 (d) by directing participation in a lawyer assistance program in conjunction
49 with an admonition or consent probation
50 (e) by directing counsel to file a petition with the board initiating formal
51 disciplinary or disability proceedings;
(4) (3) Dismiss a complaint after a lawyer's completion of all conditions of
53 diversion from discipline; and
(5) (4) Discontinue diversion from discipline if a lawyer does not complete all
55 conditions of that diversion.
F. Failure to complete reports or investigation. Failure of the investigator
designated under section E(1) to complete reports in a timely fashion may result in
reassignment of the investigation and removal, unless counsel is the investigator, of
the investigator from the district inquiry committee by the association president.
Failure of an investigator to timely complete an investigation under Rule 3.1D does
not prejudice the complaint.
62 G. Compensation. All expenses of the district inquiry committees incurred
63 in connection with the enforcement of these rules must be paid from association
65 [Adopted effective January 1, 1995; amended on an emergency basis effective
66 may 28, 1997 (See Order in Sup.Ct. No. 970152); amended on an emergency basis
67 effective July 16, 1998; Adopted on a final basis effective September 8, 1998.]
68 [Amended effective March 1, 2017. Amended effective August 1, 2004.
69 Amended effective July 1, 1999. Adopted effective January 1, 1995.]