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RULE 23. REVIEW BY SUPREME COURT

Effective Date: 1/1/2001

A. Briefs and Supplementary Filings.

(1) Upon receipt of the record and report filed under Rule 16F, the clerk of the Supreme Court shall notify disciplinary counsel and the respondent of the time within which briefs must be filed. Within 50 days after service of the report under Rule 16F, disciplinary counseland the respondent may file briefs limited to exceptions filed under Rule 16G.

(2) If the Supreme Court desires an expansion of the record or additional findings, it may remand the case to the hearing panel or commission with appropriate directions, retain jurisdiction, and withhold action pending receipt of the additional filing. The Supreme Court, at its discretion, may refer a case received from a hearing panel to the commission with appropriate directions.

(3) The Supreme Court may order additional briefs or oral arguments on the entire case or specified issues.

B. Stay for Further Proceedings. If during review by the Supreme Court the commission receives another complaint against the respondent, disciplinary counsel shall inform the court. The court may stay its review pending the disposition of the second complaint. The court may impose a single sanction covering all recommendations for discipline against a respondent.

C. Decision.

(1) The Supreme Court shall file a written decision dismissing the case or imposing a sanction. All decisions issued by the court must be published in the official reports for the guidance of other judges and for public information.

(2) The court may accept, reject, or modify in whole or in part the findings and conclusions of the hearing panel or commission.

(3) The court may assess costs against the respondent if it finds the respondent committed misconduct.

Effective Date Obsolete Date
01/01/2001 View