Hearings

(a) Notice of hearing. If a Hearing Panel determines there are material issues of fact raised by the pleadings or if any party requests the opportunity to be heard, the Subcommittee Administrator shall serve notice of a hearing upon Disciplinary Counsel and the respondent, stating the date and place of the hearing at least 20 days in advance thereof. The notice of hearing shall advise the respondent that the respondent is entitled to be represented by a lawyer, to cross-examine witnesses and to present evidence in the respondent’s own behalf. Briefs, argument or other submissions may be permitted in the discretion of the Hearing Panel. (b) Pre-hearing conference. Upon the application of any party or on its own motion the Hearing Panel chair may order a conference to be held for the purpose of obtaining admissions or otherwise narrowing the issues presented by the pleadings. The conference shall be held before the chair of the hearing panel assigned to the matter, or before the chair’s designee. (c) Stenographic record. A stenographic record shall be made of the hearing. The record of the hearing shall be made available to the respondent at the respondent’s expense upon the respondent’s request. (d) Findings. Following a hearing, the Hearing Panel shall express its findings of fact, conclusions of law, and recommended disposition in a final report which is sufficiently specific for the purposes of review by the Supreme Court. A copy of the report shall be served upon the parties. (e) Supreme Court review. The Hearing Panel’s final report shall be filed with the Supreme Court together with the record of its proceedings, including transcripts, briefs, and other pleadings, within 90 days of the date upon which the matter was finally submitted to the Hearing Panel. The Hearing Panel shall promptly serve notice of such filing to the parties. Within 20 days of the receipt of such notice, any party may file objections to the Hearing Panel’s report with the Supreme Court. Such objections may not exceed five (5) pages in length. If objections are filed, the Court may then treat the matter pursuant to its rules governing civil appeals, designating the appropriate party as the appellant, and scheduling the matter for briefing and argument. If no objections are timely filed, the report of the Hearing Panel shall be approved by order of the Court as the final disposition of the matter unless the Court orders otherwise within 30 days of the last date for filing objections. The final disposition of a matter by the Court shall be enforceable in the Court through contempt proceedings.