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March 08, 2021

Model Rules for Judicial Disciplinary Enforcement

Section II. General Provisions
Rule 16. Notification To Complainant

Disciplinary counsel shall provide written acknowledgement of every complaint, if the complainant is known, and notify the complainant in writing of the final disposition of a proceeding under these Rules. Notification in writing shall be mailed within [10] days of the order disposing of the proceeding.

Commentary

It is advisable for disciplinary counsel to keep the complainant informed of the status of the case throughout the proceedings. Providing notice to complainants of the final disposition in all cases is vital to maintaining public confidence in the judicial disciplinary system. When a complaint has been dismissed, the notification to the complainant should include a brief summary of the facts and reasoning upon which the decision to dismiss was made. When final disposition is by private admonition or deferred discipline agreement, the complainant should be notified that action was taken on the matter without specifying the nature of the disposition.

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