Medical incapacity proceedings

(1) An attorney's license to practice law may be suspended indefinitely or conditions may be imposed on the attorney's practice of law upon a finding that the attorney has a medical incapacity. (2) The director shall investigate any matter that presents sufficient information to support an allegation of possible medical incapacity. 195 (3) The respondent shall cooperate with the investigation by providing medical releases necessary for the review of medical records relevant to the allegations. (4) The investigation shall be conducted in confidence. (5) The director shall prepare an investigative report and send a copy of it to the respondent. The respondent may submit to the director a written response to the investigative report within 10 days after receipt of the report. (6) Upon completion of an investigation, the director may do one or more of the following: (a) Dismiss the matter for lack of sufficient evidence to believe the attorney has a medical incapacity. (b) Present the matter to the preliminary review committee for a determination that there is cause to proceed in the matter. (7) The director shall submit to the preliminary review panel the investigative report, including an outline of the factual allegations and all exhibits, and the respondent's response, if any. (8) If the preliminary review panel determines that the director has established cause to proceed, the director shall file a petition with the supreme court for the suspension of the respondent's license to practice law or the imposition of conditions on the respondent's practice of law. A determination of cause to proceed shall be by the affirmative vote of 4 or more members of the panel and does not constitute a finding that there is clear, satisfactory, and convincing evidence of an attorney's medical incapacity. (9) The procedures under SCR 22.11 to 22.24 for a disciplinary proceeding are applicable to a medical incapacity proceeding, except as otherwise expressly provided. The office of lawyer regulation has the burden of demonstrating by clear, satisfactory and convincing evidence that the respondent has a medical incapacity. (10) The petition may be accompanied by a stipulation of the director and the respondent to a suspension or to the imposition of conditions on the respondent's practice of law. The supreme court may consider the petition and stipulation without the appointment of a referee. If the supreme court approves the stipulation, it shall issue an order consistent with the stipulation. If the supreme court rejects the stipulation, an available referee shall be selected from the panel provided in SCR 21.08, based on the location of the respondent's place 196 of residence. The chief justice or, in his or her absence, the chief justice's delegee shall issue an order appointing the referee, and the matter shall proceed as a petition filed without a stipulation. A stipulation rejected by the supreme court has no evidentiary value and is without prejudice to the respondent's defense of the proceeding or the prosecution of the petition. (11)(a) An attorney who is the subject of an investigation or petition for possible medical incapacity may request the indefinite suspension of the attorney's license to practice law. The request shall state that it is filed because the petitioner cannot successfully defend against the allegations of medical incapacity. A request for suspension shall be filed with whichever of the following is applicable: 1. Prior to the filing of a petition by the director, a request for suspension shall be filed in the supreme court and include the director's summary of the medical incapacity allegations being investigated. Within 20 days after the filing of the request, the director shall file with the supreme court a response in support of or in opposition to the request. 2. After the director has filed a petition, the request for suspension shall be filed in the supreme court and served on the director and the referee to whom the matter is assigned. Within 20 days after the filing of the request, the director shall file a response in support of or in opposition to the request. The referee shall file a report and recommendation with the supreme court within 30 days after the filing of the director's response. (b) he supreme court shall grant the request and suspend indefinitely the attorney's license to practice law or deny the request and remand the matter to the director or to the referee for further proceedings. files, (12) All papers, transcripts, communications and proceedings, including those pertaining to investigations, shall be confidential and shall remain confidential, except as provided in sub. (12m) and except that acknowledgement that a proceeding is pending and notification to another court before which a similar petition is pending may be made when considered necessary by the director and that any publication the supreme court considers necessary may be made. 197 (12m) Following the issuance by the supreme court of an order revoking, suspending indefinitely, or imposing conditions on the attorney's license to practice law, the petition and all papers relating to the petition that are filed with the supreme court are public information, except as expressly provided in this chapter, by court order, or by law. (13) The referee may order the examination of the respondent by qualified medical or psychological experts and may appoint counsel to represent the respondent. (15m) Following appointment of a referee, the parties shall file all papers and pleadings with the supreme court and serve a copy of those documents on the referee.