Rule 226: Final Hearing Report

(a)   Final Hearing Report.

(1)   Contents. Following a hearing on a formal complaint, the hearing panel will issue a final hearing report setting forth findings of fact, conclusions of law, aggravating and mitigating factors, and a recommendation of discipline or that no discipline be imposed.

(A)   Findings of Fact. Each finding of fact must be established by clear and convincing evidence.

(B)   Conclusions of Law. Each conclusion of law must be set forth separately.

(C)   Aggravating and Mitigating Factors.

(i)   Aggravating factors are any considerations that may justify an increase in the discipline to be imposed.

(ii)   Mitigating factors are any considerations that may justify a reduction in the discipline to be imposed.

(D)   Recommendation Regarding Discipline. The recommendation by the hearing panel regarding discipline is advisory only and does not prevent the Supreme Court from imposing discipline greater or lesser than the panel’s recommendation.

(2)   Concurring or Dissenting Opinion. If a member of the hearing panel cannot agree on a finding of fact, conclusion of law, aggravating or mitigating factor, or the recommendation regarding discipline, the panel member’s concurring or dissenting opinion will be included in the final hearing report.

(3)   Distribution. The following distribution must occur after the hearing panel issues the final hearing report:

(A)   the panel must file the report and provide the disciplinary administrator and the respondent with a copy of the report; and

(B)   the disciplinary administrator must provide a copy of the report to the complainant.

(b)   Case Docketed in Supreme Court. If a majority of a hearing panel finds misconduct and recommends discipline under Rule 225(a)(1), (2), (3), (4), (5), or (7) or if a written objection is filed under subsection (c) or (d) of this rule, the disciplinary administrator must docket a case in the Supreme Court under Rule 228.

(c)   Informal Admonition. If the hearing panel imposes an informal admonition under Rule 225(a)(6), the disciplinary administrator will not docket a case in the Supreme Court unless the disciplinary administrator or the respondent files a written objection with the hearing panel no later than 21 days after service of the final hearing report. If the disciplinary administrator or the respondent timely files a written objection, the case will be docketed in the Supreme Court and will proceed under Rule 228.

(d)   Dismissal. If the hearing panel dismisses a disciplinary board proceeding or recommends that no discipline be imposed, the disciplinary administrator will not docket a case in the Supreme Court unless the disciplinary administrator files a written objection with the hearing panel no later than 21 days after service of the final hearing report. If the disciplinary administrator timely files a written objection, the case will be docketed in the Supreme Court and will proceed under Rule 228.

[History: New rule adopted effective January 1, 2021.]