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Hearings and Reviews

Disciplinary hearings are held before a hearing committee composed of three members, of a specifically designated committee of the district in which the lawyer practices. The procedure and disciplinary hearing is similar to that in court trials. A record is kept by a reporter. Testimony is given under oath. Rules of evidence are observed. Attendance of witnesses and the production of records may be compelled by subpoena.

The decision of the hearing committee is made in the form a written report and recommendation to the Board. Disciplinary hearings are conducted under due process.

The hearing committee report is reviewed by the entire Board, which may or may not agree with the hearing committee.

When the discipline is something less than disbarment or suspension, it is imposed following the decision of the Board, and the matter ends unless the attorney so disciplined requests consideration of the case by the Supreme Court.

Suspension or disbarment can be ordered only by the Supreme Court. All hearing records in which one of the sanctions has been recommended by the Board go to the Supreme Court for review and final action.

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