Protocol for
Complaints and Concerns Filed with the
Attorney
Regulation Advisory Committee.
The Attorney Regulation
Advisory Committee hereby adopts the following protocol for any person to use
to raise complaints and concerns about any facet of the Attorney Regulation
system.
a. All complaints
and concerns shall be raised in writing by filing a memorandum with the
Chairperson of the Committee.
b. The Chair
shall deal with all such memorandums in the following fashion:
1. Matters relating to conduct of the Presiding
Disciplinary Judge shall be forwarded for review by the Personnel
Committee. The Personnel Committee is
composed of four members of the Committee appointed by the Chair but does not
include the PDJ or any member of the Attorney Regulation Counsel’s office or
the Attorney Regulation Committee. The
Personnel Committee shall conduct an investigation into the matters raised and
make a recommendation to the Committee as a whole.
2. Matters relating to conduct of Attorney
Regulation Counsel or his/her employees, other than matters which can be
considered to be allegations of professional misconduct, shall be forwarded for
review by the Personnel Committee. The
Chair and Vice Chair of the Attorney Regulation Committee shall also be made
aware of the matters raised. The Personnel Committee shall conduct an
investigation into the matters raised and make a recommendation to the
Committee as a whole.
3. Matters relating to conduct of Attorney
Regulation Counsel or his/her employees that would be considered to be
allegations of professional misconduct shall be forwarded to the Chairperson of
the Attorney Regulation Committee to be dealt with pursuant to that Committee’s
procedures.
4. Any other matters raised by such memoranda
shall either be forwarded for review by an existing sub-committee or a new
sub-committee shall be appointed by the Chair to review the matter. The sub-committee conducting the review
shall conduct an investigation into the matters raised and make a
recommendation to the Committee as a whole.
c. If requested by the person making a complaint or raising a
concern, the Chair shall attempt to maintain confidentiality relating to the
identity of the person and subject matter.
However, such request shall not prevent the committee as a whole from
addressing systemic issues raised by the complaint or concern. Such confidentiality shall also be
maintained by the members of any sub-committee or other committee to which the
matter is referred. Upon referral of
such matter to any other committee or sub-committee, the Chair shall inform the
members of the sub-committee of the continuing need to maintain such
confidentiality.
d. To the degree possible given the nature of the matter being
considered, the Committee as a whole shall maintain confidentiality with
respect to any matter discussed in executive session.
APPROVED BY THE SUPREME
COURT, EN BANC, MAY 27, 2004