Protocol for Complaints and Concerns Filed with the
Supreme Court Advisory Committee.
The Supreme Court Advisory Committee hereby adopts the following protocol for any person to use to raise complaints and concerns about any facet of the Attorney Regulation system.
a. All complaints and concerns shall be raised in writing by filing a memorandum with the Chairperson of the Committee.
b. The Chair shall deal with all such memorandums in the following fashion:
1. Matters relating to conduct of the Presiding Disciplinary Judge shall be forwarded for review by the Personnel Committee. The Personnel Committee is composed of four members of the Committee appointed by the Chair but does not include the PDJ or any member of the Attorney Regulation Counsel’s office or the Attorney Regulation Committee. The Personnel Committee shall conduct an investigation into the matters raised and make a recommendation to the Committee as a whole.
2. Matters relating to conduct of Attorney Regulation Counsel or his/her employees, other than matters which can be considered to be allegations of professional misconduct, shall be forwarded for review by the Personnel Committee. The Chair and Vice Chair of the Attorney Regulation Committee shall also be made aware of the matters raised. The Personnel Committee shall conduct an investigation into the matters raised and make a recommendation to the Committee as a whole.
3. Matters relating to conduct of Attorney Regulation Counsel or his/her employees that would be considered to be allegations of professional misconduct shall be forwarded to the Chairperson of the Attorney Regulation Committee to be dealt with pursuant to that Committee’s procedures.
4. Any other matters raised by such memoranda shall either be forwarded for review by an existing sub-committee or a new sub-committee shall be appointed by the Chair to review the matter. The sub-committee conducting the review shall conduct an investigation into the matters raised and make a recommendation to the Committee as a whole.
c. If requested by the person making a complaint or raising a concern, the Chair shall attempt to maintain confidentiality relating to the identity of the person and subject matter. However, such request shall not prevent the committee as a whole from addressing systemic issues raised by the complaint or concern. Such confidentiality shall also be maintained by the members of any sub-committee or other committee to which the matter is referred. Upon referral of such matter to any other committee or sub-committee, the Chair shall inform the members of the sub-committee of the continuing need to maintain such confidentiality.
d. To the degree possible given the nature of the matter being considered, the Committee as a whole shall maintain confidentiality with respect to any matter discussed in executive session.
APPROVED BY THE SUPREME COURT, EN BANC, MAY 27, 2004