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Failure To Respond Procedure

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.


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