Home >> Supreme Court Rules >> Chapter 3 Attorneys Practice Law >> Article 3 Discipline Procedures Lawyers >> § 3-314. Right of appeal.
 
 

§ 3-314. Right of appeal.

Printer-friendly versionPrinter-friendly versionPDF versionPDF version

§ 3-314. Right of appeal.

   (A) Complainant may appeal to the Disciplinary Review Board a dismissal of the Grievance by the Counsel for Discipline. Allegations of misconduct dismissed by the Counsel for Discipline pursuant to § 3-309(C) are not appealable to the Committee on Inquiry or the Disciplinary Review Board. Except on a showing of good cause, notice of appeal shall be made in writing to the Chairperson of the Disciplinary Review Board within thirty days after notification of such dismissal. Said Board may then take such action as it deems appropriate.

   (B) In cases where the Counsel for Discipline prepares a Complaint and files it with the appropriate Committee on Inquiry pursuant to § 3-309(G), the Counsel for Discipline shall notify the Complainant by mail of the findings of the Committee on Inquiry.

   (C) If the Committee on Inquiry Panel dismisses the Complaint pursuant to § 3-309(H), the Counsel for Discipline may appeal the decision to the Disciplinary Review Board. Except on a showing of good cause, notice of appeal shall be made in writing to the Chairperson of the Disciplinary Review Board within thirty days after notification of the dismissal of the Complaint by the Committee on Inquiry. In the event of an appeal, the Chairperson of the Disciplinary Review Board shall obtain from such Committee on Inquiry the Complaint, investigative file of the Counsel for Discipline, and any report prepared by the Committee.

   (D) Either the Respondent or the Counsel for Discipline may appeal to the Disciplinary Review Board a reprimand issued to the Respondent by the Committee on Inquiry upon written application filed with the Chairperson of the Disciplinary Review Board within thirty days of issuance of the reprimand. 

   (E) If the Disciplinary Review Board has issued a private reprimand to the Respondent, then the Respondent may file an appeal with the Clerk within thirty days of the Disciplinary Review Board decision. Counsel for Discipline may not appeal to the Court the issuance of a private reprimand from the Disciplinary Review Board. In the event that the Respondent files an appeal of a private reprimand to the Court, then the Counsel for Discipline shall file formal charges as provided in § 3-310 and the procedures outlined in § 3-310 shall be followed.

Rule 14(A), (C), and (D) amended Dec. 13, 1995; Rule 14(A) amended February 28, 2001. Renumbered and codified as § 3-314, effective July 18, 2008; § 30314(D) and (E) amended September 7, 2022.