Confidentiality

Wisconsin Supreme Court Rules

Rule: SCR 22.40

Jurisdiction: WI

Bluebook Citation: Wis. SCR SCR 22.40

(1) Except as otherwise provided in this chapter, all papers, files, transcripts, and communications relating to an allegation of attorney misconduct, an investigation pursuant to SCR Chapters 10, 22, and 31, and monitoring compliance with conditions, suspension, or revocation imposed by the supreme court, are to be held in confidence by the director and staff of the office of lawyer regulation, special investigators, the members of the special preliminary review panel, and the members of the preliminary review committee. Following the filing of a complaint or petition, the proceeding and all papers filed in it are public, except where expressly provided otherwise in this chapter, by court order, or by law. (2) The director may provide relevant information to the respondent, to the grievant, to an appropriate authority for the appointment of judges, to other attorney or judicial disciplinary agencies, investigating qualifications for admission to practice, and to law enforcement agencies investigating qualifications for government employment. The supreme court may authorize the release of confidential information to other persons or agencies. jurisdictions to other (3) The director may provide relevant information to a district attorney or U.S. attorney where there is substantial evidence of an attorney's possible criminal conduct. 201 (4) If there is publicity concerning the fact that an attorney is the subject of an investigation or disciplinary or medical incapacity proceeding, the director may issue an explanatory statement. If there is publicity concerning alleged misconduct or medical incapacity of an attorney and it is determined that there is no basis for further proceedings and there is no recommendation of discipline, the director may issue an explanatory statement. (5) In order to provide guidance to the bar, the director may provide the state bar of Wisconsin a summary of facts and violations of the rules of professional conduct for attorneys in a matter in which a private reprimand has been imposed. The summary shall be published in an official publication of the state bar of Wisconsin but may not disclose information identifying the attorney reprimanded. (6) The director may provide relevant information to the supreme court when seeking the temporary suspension of an attorney's license. (7) The director may provide relevant information to a state bar lawyer assistance program when making a referral pursuant to SCR 21.03(9).

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