N.D.R. Lawyer Discipl.RULE 6.1. RECORDS.
1 A. Confidentiality. Before the filing of the petition with the board by counsel,
2 all proceedings involving an allegation of misconduct or disability of a lawyer and all
3 associated records, including the complaint, investigative report, and
4 recommendation, are confidential, except that the pendency, subject matter, status of
5 an investigation, and final disposition, if any, may be disclosed by the chair of the
6 board if:
7 (1) The lawyer has waived confidentiality;
8 (2) The proceedings are based upon conviction of a crime;
9 (3) The proceedings are based upon allegations that have become generally
10 known to the public; or
11 (4) It involves matters alleging any form of disability and the court enters an
12 order transferring the lawyer to disability inactive or incapacitated status.
13 All officials and employees of the board, hearing panels, or district inquiry
14 committees in the proceedings shall maintain the confidentiality of the
15 proceedings. This rule does not deny access to relevant information to authorized
16 agencies investigating qualifications for admission to practice, to the client protection
17 fund operated by the association investigating the validity of a client's claim, to law
18 enforcement agencies investigating qualifications for government employment, or to
19 any judicial nominating committee. Upon the filing of a formal petition with the
20 board, counsel shall inform the appropriate local prosecutor, by mailing a copy of the
21 petition to the local prosecutor, if counsel determines the facts alleged in the petition
22 may constitute a criminal violation.
23 The confidentiality established by this rule does not apply to the dissemination
24 or exchange of information concerning any proceeding involving an allegation of
25 misconduct or disability between district inquiry committees or between district
26 inquiry committees and the board.
27 This rule does not require the disclosure of any records concerning a lawyer's
28 screening for or participation in the lawyer assistance program.
29 B. Public Proceedings. Upon filing of the petition with the board by counsel,
30 the proceedings are public, except for:
31 (1) Deliberations of the hearing panel, the board, and the court;
32 (2) Information with respect to which the hearing panel has issued a protective
33 order, after showing of good cause by the lawyer; and
34 (3) The work product of counsel, hearing panels, inquiry committees,
35 and the board.
Expunction Expungement of Records. The secretary or disciplinary counsel, as applicable,
37 shall expunge records relating to dismissed complaints as follows:
38 (1) Destruction Schedule. All records or other evidence of the existence of a
39 dismissed complaint must be destroyed three years after the dismissal.
40 (2) Retention of Records. Upon application to the board by counsel, for good
41 cause shown and with notice to the lawyer and opportunity to be heard, records that
42 should otherwise be expunged under this rule may be retained for additional time not
43 exceeding three years as the board directs. Counsel may, for good cause shown and
44 with notice to the lawyer and opportunity to be heard, seek a further extension of the
45 period for which retention of the records is authorized whenever a previous
46 application has been granted for the maximum period of three years permitted under
47 this paragraph.
48 EXPLANATORY NOTE
49 Rule 6.1 was adopted effective January 1, 1995, amended effective July 1,
50 1999; August 1, 2004; March 1, 2017.
51 Section B(3) was amended effective March 1, 2017, to include disciplinary
52 counsel responsibility for
expunction expungement of records.