Additional rules of procedure

(a) Nature of proceedings. Disciplinary proceedings are neither civil nor criminal, but are sui generis. (b) Proceedings governed by Rules of Civil Procedure. Except as otherwise provided in these Rules, the Rules of Civil Procedure for the Superior Court of the State of Delaware shall apply to the extent practicable in disciplinary and disability matters, provided that discovery procedures shall not be expanded beyond those provided in Rule 12 hereof, and there shall be no proceedings for summary judgment. (c) Standard of proof. Formal charges of misconduct, petitions for reinstatement, and petitions for transfer to and from disability inactive status shall be established by clear and convincing evidence. (d) Burden of proof. The burden of proof in proceedings seeking discipline or transfer to disability inactive status is on the ODC. The burden of proof in proceedings seeking reinstatement or transfer from disability inactive status is on the respondent. (e) Prehearing conferences. Upon request of a party or at the discretion of the chair of the Hearing Panel, a prehearing conference may be held for the purpose of dealing with administrative, evidentiary, or procedural issues, obtaining admissions, identifying the issues to be presented at the hearing, or for other reasons. The conference shall be held before the chair of the Hearing Panel, and may be recorded in the chair’s discretion. (f) Availability of hearing transcript. The transcript and official record of any hearing shall be made available to the respondent at the respondent’s expense. (g) Related pending litigation. Where there are civil, criminal, or other disciplinary proceedings pending with respect to the respondent in a disciplinary matter, the PRC or the Board may stay the matter as appropriate and necessary, with notice to the Court of its reasons for taking such action. (h) Position of complainant. Neither unwillingness nor neglect of the complainant to cooperate with the disciplinary process, nor settlement, nor compromise between the complainant and the respondent, nor restitution by the respondent, shall in itself justify abatement of the processing of any disciplinary matter. The complainant in a disciplinary matter shall not be considered as a party and shall have no standing to appeal the disposition of such matter. (i) Effect of time limitations. Except as otherwise provided in these Rules, time provisions are directory and not jurisdictional. Failure to observe prescribed time intervals may result in sanctions against the violator but does not justify abatement of any disciplinary or disability investigation or proceeding. (j) Complaints against disciplinary agency members. Disciplinary matters involving any member of the ODC, Special Disciplinary Counsel, or the Board shall be submitted directly to the Court for the assignment by the Court of a special disciplinary counsel pursuant to Supreme Court Rule 64(d) for the evaluation, investigation, and possible prosecution of the matter. Complaints against members of the PRC shall be submitted directly to the Board. The Chair or Vice Chair of the Board shall request assignment by the Court of a special disciplinary counsel. (k) ODC investigations of serious misconduct. Where the misconduct under investigation by the ODC is deemed to be serious and potentially criminal in nature, and where other means of investigation may not be effective or practical, the ODC shall be authorized, with the approval of the Court for good cause shown, to use all investigatory means and methods as are commonly used by criminal prosecuting agencies. History. Amended, effective May 14, 2008.