Rule 208: Initial Complaint or Report of Misconduct

(a)  Submission to Disciplinary Administrator. An initial complaint or a report of attorney misconduct must be submitted to the disciplinary administrator. An initial complaint or a report submitted to the Board, a board member, the clerk of the appellate courts, the Office of Judicial Administration, or a state or local bar association must be delivered immediately to the disciplinary administrator.

(b)  Dismissal. The disciplinary administrator may decline to investigate and may dismiss an initial complaint or a report received under subsection (a) under the following circumstances:

(1)  if the allegations in the initial complaint or report do not constitute misconduct;

(2)  if the initial complaint or report is facially frivolous, lacks adequate factual detail, or is duplicative; or

(3)  if the matter is outside the Board’s jurisdiction.

(c)  Investigation. Unless the disciplinary administrator dismisses an initial complaint or a report under subsection (b), the disciplinary administrator must proceed as follows:

(1)  conduct an informal inquiry to determine whether to dismiss the initial complaint or report if it appears to be frivolous or without merit or to docket the initial complaint or report for investigation under Rule 209; or

(2)  promptly docket the initial complaint or report for investigation under Rule 209.

[History: New rule adopted effective January 1, 2021; Am. (b) effective November 29, 2021.]