The following procedure was implemented, pursuant to Rule 4.3, regarding petitions for temporary suspension
for failure to respond.
When Disciplinary Counsel is assigned to investigate an ethical violation, a
letter will be sent asking the attorney to respond within 10 days. If no response is
received timely, the Notice of Petition for Summary Suspension
will be sent certified mail, return receipt. In the event there is no timely response to
the Notice, a Petition will be filed attaching the green mail receipt card as an exhibit.
In the event a response is received after the Petition has been filed, the burden
will be on the Respondent to file a motion to vacate. The Board does not file requests
to withdraw Petitions as the burden should be on the Respondent to explain to the
Justices why he/she has not responded to an important communication from an arm of the Court.
In addition, in the event an Order of Temporary Suspension is entered, and a Petition for
Discipline is subsequently filed, the Respondent's failure to respond shall be alleged as
a separate violation from any arising from the underlying conduct brought to the attention of the Board by the Complainant.