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Rule 238

Rule 238: Absolute Immunity

Section Attorney Discipline
(a)   Complainant or Witness. A person is absolutely immune from liability for making an initial complaint or a report or giving testimony in an investigation or board proceeding under these rules.

(b)   Protected Individuals and Entities. The following individuals and entities are absolutely immune from liability for an act within the scope of their duties under these rules:

(1)   the Supreme Court;

(2)   the Board;

(3)   the disciplinary administrator;

(4)   a Board member;

(5)   a review committee member;

(6)   a hearing panel member;

(7)   an attorney assigned to investigate a docketed complaint under Rule 209;

(8)   an attorney supervising a respondent on diversion under Rule 212 or on probation under Rule 227;

(9)   counsel appointed to protect client interests under Rule 235; and

(10)   any staff member or other person acting on behalf of an individual or entity listed in this subsection.

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

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