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Effective Date: 1/1/1998

Obsolete Date: 9/8/1998

A. Qualifications of Counsel.

(1) Counsel and substitute temporary counsel must be admitted to the practice of law in North Dakota; and

(2) With the exception of substitute temporary counsel, counsel may not engage in the private practice of law.

B. Powers and Duties. Counsel shall:

(1) Upon referral by a district inquiry committee, investigate all information about a lawyer which, if true, would be grounds for discipline or transfer to disability inactive or incapacitated status and prepare an investigative report and recommendations for the district inquiry committee's disposition;

(2) Advise the board and the district inquiry committees on legal issues relating to lawyer discipline and disability;

(3) Prosecute disciplinary, disability, and reinstatement proceedings before hearing bodies, the board, and the court;

(4) Employ and supervise staff needed for the performance of investigative and prosecutorial functions, as authorized by the board and within limits of appropriations and funds available;

(5) Promptly notify the complainant and the lawyer of the disposition of each matter;

(6) Notify each jurisdiction in which a lawyer is admitted of a transfer to or from disability inactive or incapacitated status, a reinstatement, or any public discipline imposed in this state;

(7) When a lawyer is convicted in this state of a serious crime in Rule 4.1C, forward a certified copy of the judgment of conviction to the disciplinary agency in each jurisdiction in which the lawyer is admitted; and

(8) Provide regular reports on all complaints filed with the secretary to the district inquiry committees and the board at their scheduled meetings.

Effective Date Obsolete Date
03/01/2017 View
08/01/2004 03/01/2017 View
07/01/1999 08/01/2004 View
09/08/1998 07/01/1999 View
01/01/1998 09/08/1998 View