Model Rules for Lawyer Disciplinary Enforcement
- Transmittal of Evidence. Upon receipt of sufficient evidence demonstrating that a lawyer subject to the disciplinary jurisdiction of this court has committed a violation of the [state Rules of Professional Conduct] or is under a disability as herein defined and poses a substantial threat of serious harm to the public, disciplinary counsel shall:(i) transmit the evidence to the court together with a proposed order for interim suspension; and
(ii) contemporaneously make a reasonable attempt to provide the lawyer with notice, which may include notice by telephone, that a proposed order for immediate interim suspension has been transmitted to the court.
- Immediate Interim Suspension. Upon examination of the evidence transmitted to the court by disciplinary counsel and of rebuttal evidence, if any, which the lawyer has transmitted to the court prior to the court's ruling, the court may enter an order immediately suspending the lawyer, pending final disposition of a disciplinary proceeding predicated upon the conduct causing the harm, or may order such other action as it deems appropriate. In the event the order is entered, the court may appoint a trustee pursuant to Rule 28 to protect clients' interests.
- Notice to Clients. A lawyer suspended pursuant to paragraph B shall comply with the notice requirements in Rule 27.
- Motion for Dissolution of Interim Suspension. On [two] days notice to disciplinary counsel, a lawyer suspended pursuant to paragraph B may appear and move for dissolution or modification of the order of suspension, and in that event the motion shall be heard and determined as expeditiously as the ends of justice require.
Next - RULE 21. DISCIPLINE BY CONSENT