RULE 4. DISCIPLINARY COUNSEL

A. Appointment. The commission may appoint disciplinary counsel or may contract with the lawyer disciplinary board's operations committee for disciplinary counsel services. Full-time disciplinary counsel shall not otherwise engage in the private practice of law or serve in a judicial capacity.

B. Powers and Duties. Disciplinary counsel shall:

(1) receive and screen complaints, refer complaints to other agencies when appropriate, conduct investigations, notify complainants about the status and disposition of their complaints, make recommendations to the commission on the disposition of complaints after investigation, file formal charges when directed to do so by the commission, prosecute formal charges and file notices of exceptions to the findings, conclusions, recommendations for sanctions or orders of dismissal of hearing panels;

(2) maintain permanent records of the operations of disciplinary counsel 's office, including receipt of complaints, screening, investigation and filing of formal charges in judicial discipline and incapacity matters;

(3) compile statistics to aid in the administration of the system, including a log of all complaints received, investigative files and statistical summaries of docket processing, and case dispositions;

(4) prepare the commission's budget for submission to the commission and administer the funds;

(5) employ and supervise other members of disciplinary counsel's staff;

(6) employ private investigators or experts as necessary to investigate and process matters before the commission, hearing panel , and the Supreme Court; and

(7) perform other duties at the direction of the commission.

[Adopted effective August 1, 1997; Amended on an emergency basis effective July 16, 1998; Adopted, as further amended, on a final basis effective September 8, 1998.]