Board action

(a) Upon receipt of the Panel letter [Sec. 2.2(b)], the Board Chair shall place the Panel’s recommendation to issue a letter of reprimand on the agenda for the next 2 Revised October 2023 meeting of the Disciplinary Board. (b) After review of the Screening Panel’s recommendation, the Board shall vote to dismiss the complaint, dismiss the complaint with admonition, accept the recom- mendation of the Screening Panel to issue a letter of reprimand or to authorize a petition for formal disciplinary action in accordance with Section 3 of these rules. (c) If a majority of the Board members present vote to support the recommenda- tion of the Screening Panel to issue a letter of reprimand, the Board Chair shall schedule an informal hearing before the Full Board and the Board Chair shall cause a copy of the letter to be served on the Respondent-attorney by certified mail, return receipt requested, at least fifteen (15) days before the scheduled date of hearing. Said letter shall set forth the date, time and place of the informal show cause hearing and shall advise the attorney of his/her right to be heard prior to the Board’s rendering its decision. (d) Procedure. (1) Disciplinary Counsel shall set forth the evidence available to support a finding by the Board that Respondent-attorney has violated the rule(s) as alleged in the Panel letter. (2) Respondent-attorney shall have an opportunity to respond to the charges and/or speak in mitigation; Respondent-attorney shall be placed under oath by a ste- nographer authorized by law to administer oaths who shall also transcribe the pro- ceedings. (3) No other witnesses shall be called. (4) In the Board’s discretion, hearsay evidence may be admitted and considered. (5) At the conclusion of the presentation by Counsel and Respondent-attorney, or if the Respondent-attorney declines to participate in the informal show cause hear- ing, the Board shall take a vote to dismiss the complaint, dismiss the complaint with admonition, to issue the letter of reprimand, or to authorize formal disciplinary ac- tion in accordance with Section 3 of these rules. The Board may attach reasonable conditions to its dismissal of the complaint with admonition or issuance of a letter of reprimand. Such conditions may include psychiatric or substance abuse counsel- ing, case monitoring, periodic testing and evaluation, restitution, public service, or other appropriate condition. (6) The Board Chair shall cause notice of the Board’s decision to be served on Counsel and Respondent-attorney within twenty (20) days of the hearing. (7) A copy of the letter of reprimand shall be entered in the file and a notation thereof shall be made in Respondent-attorney’s disciplinary record. (As amended by the court on September 15, 1995; November 22, 1995.) 3 Revised October 2023