Petition for discipline

(a) Caption. A petition for discipline shall be captioned as follows: BEFORE THE DISCIPLINARY BOARD OF THE SUPREME COURT OF RHODE ISLAND In the Matter of _______________________________: DSC No. _________ 7 Revised October 2023 (b) Contents. Formal disciplinary proceedings before the Board shall be instituted by Disciplinary Counsel filing a petition with the Board setting forth specific charges of alleged misconduct. (Article III, Rule 6(b) of the Supreme Court Rules) (c) The petition shall also set forth the specific section of the Code of Professional Responsibility, and Disciplinary Rules and/or Rules of Professional Conduct regu- lating the practice of law alleged to have been violated by the respondent-attorney. 3.17. Service of petition on respondent. A copy of the petition shall be served upon the respondent, together with a notice from the Board setting a time for answer. (Ar- ticle III, Rule 6(b) of the Supreme Court Rules) This service shall be made by Dis- ciplinary Counsel. 3.18. Answer. (Article III, Rule 6(b) of the Supreme Court Rules) (a) The respondent-attorney shall, within twenty (20) days after service of the petition upon him, file his answer with the Board and serve a copy thereof upon Disciplinary Counsel. (b) Contents of answer. All answers shall be in writing, and drawn so as to advise fully and completely the participants and the Board as to the nature of the defense. They shall admit or deny specifically, and in reasonable detail, each material allega- tion of the petition and state clearly and concisely the facts and matters of law relied upon. (c) Request to be heard in mitigation. The respondent-attorney may include in his answer a request that a hearing be held on the issue of mitigation. (d) In the event that the respondent-attorney fails to file an answer, the charges shall be deemed ADMITTED. 3.19. No other pleadings. Pleadings shall be limited to a petition for discipline and answer thereto. 3.20. Assignment for hearing. (Article III, Rule 6(b) of the Supreme Court Rules) If there are any issues of fact raised by the pleadings, or if the respondent-attorney requests the opportunity to be heard in mitigation, the matter shall be assigned for hearing by the Board. In addition to those matters so designated by the screening panel in accordance with Section 1.3(i), of these Rules, the Board Chair or the full Board may designate appropriate matters for hearing by a single attorney Board member or a retired judge in accordance with Article III, Rule 4(c) of the Supreme Court Rules. Disciplinary Counsel shall serve notice upon the respondent-attorney, 8 Revised October 2023 or his/her counsel of record, indicating the date, time, and place of the hearing. Such notice shall be served upon the respondent-attorney, or his/her counsel, at least fif- teen (15) days in advance of the hearing date, and shall advise the respondent-attor- ney that he/she is entitled to be represented by counsel, to summon and cross-exam- ine witnesses, and to present evidence in his/her own behalf.