RULE 3.4.THREAT OF PUBLIC HARM.

Effective Date: 1/1/2004

Obsolete Date: 8/1/2004

A. Transmittal of Evidence. Upon receiving sufficient evidence demonstrating that a lawyer subject to the jurisdiction of the court:

(1) has committed misconduct or is disabled and
(2) poses a substantial threat of irreparable harm to the public,

counsel shall transmit the evidence to the court together with a proposed order for interim suspension.

B. Immediate Interim Suspension. At any stage of any proceeding, the court may enter an interim order immediately suspending the lawyer pending final disposition of the proceeding predicated upon the conduct causing the harm or may order such other action as deemed appropriate. In the case of an interim suspension, the court may appoint a trustee under Rule 6.4 to protect the interests of clients.Upon the request of the lawyer who is subject to counsel's request for interim suspension, the court shall provide the lawyer an opportunity to be heard before determining counsel's request. Upon request by counsel or the lawyer after entry of an interim suspension order, the court shall within ten days provide an opportunity for the lawyer to demonstrate that the order should not remain in force. Counsel shall be present and appear at these hearings.

Effective Date Obsolete Date
08/01/2004 View
01/01/2004 08/01/2004 View