MOTION BY DISCIPLINARY COUNSEL TO RE-OPEN
If a complaint has been dismissed, the allegations made in that complaint shall not be used for any purpose unless the complaint is re-opened by the Commission. A complaint dismissed prior to the filing of formal charges may be re-opened by an investigative panel upon motion of disciplinary counsel upon a finding by the investigative panel that there is new information concerning the matter dismissed, an additional complaint has been filed against the same lawyer involving related or similar allegations, or other good cause. Prior to a motion to re-open being decided, a copy of the motion to re-open containing the grounds therefor shall be served on the lawyer by disciplinary counsel, and the lawyer shall then have 10 days thereafter to file a written response with the Commission. The lawyer and the complainant shall be notified by disciplinary counsel as to the panel’s decision on the motion to re-open.
Amended by Order dated October 16, 2009, effective January 1, 2010.