Rule 205. Disciplinary Administrator

(a)

Disciplinary Administrator.

The Supreme Court will appoint a disciplinary administrator. The disciplinary administrator serves at the pleasure of the Supreme Court.

(b)

Compensation.

The Supreme Court will determine the compensation of the disciplinary administrator and the disciplinary administrator’s staff. The Supreme Court will pay the compensation from the disciplinary fee fund.

(c)

Financial Information.

The disciplinary administrator must submit annually to the Supreme Court a report of receipts and expenditures.

(d)

Qualification.

The disciplinary administrator must be registered as an active Kansas attorney.

(e)

Practice Restriction.

The disciplinary administrator and the disciplinary administrator’s staff must not engage in the private practice of law. The disciplinary administrator may, however, set a reasonable transition period for staff after the start of employment.

(f)

Powers and Duties.

The disciplinary administrator has the following powers and duties:

(1)   investigating an initial complaint or a report that appears to have merit as set forth in Rule 208(c);

(2)   declining to investigate and dismissing an initial complaint or report as set forth in Rule 208(b);

(3)   presenting all docketed complaints to the review committee;

(4)   informing the Supreme Court when an attorney is convicted as defined in Rule 219(a)(1) of a felony crime or a crime mandating registration as an offender;

(5)   prosecuting a disciplinary board proceeding before a hearing panel and a case before the Supreme Court;

(6)   defending a reinstatement board proceeding before a hearing panel and a case before the Supreme Court with respect to a petition for reinstatement of a disabled, inactive, suspended, or disbarred attorney;

(7)   providing investigative and prosecutorial services for the Kansas Board of Law Examiners;

(8)   providing investigative services as needed for the Kansas Commission on Judicial Conduct;

(9)   employing and supervising staff to perform the disciplinary administrator’s duties; and

reme Court with respect to a petition for reinstatement of a disabled, inactive, suspended, or disbarred attorney;

(7)   providing investigative and prosecutorial services for the Kansas Board of Law Examiners;

(8)   providing investigative services as needed for the Kansas Commission on Judicial Conduct;

(9)   employing and supervising staff to perform the disciplinary administrator’s duties; and

(10)   performing other duties as directed by the Supreme Court.

(g)

Special Prosecutor.

If the disciplinary administrator has a conflict in performing a duty listed in subsection (f), the disciplinary administrator must request that the Supreme Court appoint a special prosecutor.

(h)

Record Retention.

(1)   The disciplinary administrator must maintain for five years records relating to initial complaints or reports not docketed for investigation and docketed complaints terminated by dismissal.

(2)   The disciplinary administrator must maintain relevant records permanently if they relate to participation in the attorney diversion program or cases in which discipline was imposed.

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History:

New rule adopted effective January 1, 2021.]