10E

E. Attorney and judicial discipline

E. Attorney and judicial discipline

Overview

Maryland

The Maryland Rules exempt from disclosure certain records in attorney and judicial discipline matters that have been declared confidential. See Rule 16-1006(d).

E. Attorney and judicial discipline

Overview

Kansas

Kansas Supreme Court rules regarding attorney discipline provide that, when a complaint is made against an attorney, proceedings, reports, records of investigations and hearings are “private and shall not be divulged in whole or in part to the public.”  However, the complaint can become public if a disciplinary committee reviews it and “finds by a majority vote that there is probable cause to believe there has been a violation of the Attorney's Oath or the disciplinary rules of the Supreme Court.”  See Kansas Judicial Branch, Rules Relating to Discipline of Attorneys, http://www.kscourts.org/rules/Rule-List.asp?r1=Rules+Relating+to+Discipline+of+Attorneys, Rule 222(a), http://www.kscourts.org/rules/Rule-Info.asp?r1=Rules+Relati

E. Attorney and judicial discipline

Overview

Oregon

Oregon Bar disciplinary proceedings are open to the public. The Oregon State Bar is subject to both the public meeting and public records laws of Oregon. ORS 9.010. Furthermore, the bylaws of the Oregon Bar provide that disciplinary proceedings are open to the public. Oregon State Bar Bylaws 8.202 (2009), http://www.osbar.org/_docs/rulesregs/bylaws.pdf.

E. Attorney and judicial discipline

Overview

Maine

Attorney discipline is handled by the Board of Bar Overseers. All complaints are screened by Bar Counsel on a confidential basis. M. Bar R. 7.3(k). If there is a finding of probable cause (which is done confidentially), the matter proceeds to public hearing before a Panel of the Grievance Commission. The Panel has a range of options, including to direct Bar Counsel to file a complaint with the Supreme Judicial Court. A public de novo hearing on the complaint may then be held before a single Justice of the Supreme Judicial Court. An appeal may then be taken to the full court.