Rule 33

Model Rules for Lawyer Disciplinary Enforcement

  1. Failure to Answer. Failure to answer charges filed shall constitute an admission of the factual allegations.

  2. Failure to Appear. If respondent should fail to appear when specifically so ordered by the committee or the board, the respondent shall have been deemed to have admitted the factual allegations which were to be the subject of such appearance and/or a concession to any motion or recommendations to be considered at such appearance. The committee or board shall not, absent good cause, continue or delay proceedings due to the respondent's failure to appear.

Commentary
This rule provides remedies for a lawyer's disregard of the duty to respond to a lawful demand for information from a disciplinary authority. Failure by respondents to answer or to appear in disciplinary matters is a significant problem. Rule 9(A)(3) applies if the court finds that the respondent has failed to answer or to appear.

Rule 18(B) provides that the rules of civil procedure apply unless otherwise provided; Rule 11(D)(3) provides that the respondent shall answer within [twenty] days after service of the formal charges unless the time is extended by the hearing committee chair.

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