RULES OF SUPREME COURT OF LOUISIANA

PART B. ADMINISTRATIVE RULES

APPENDIX B. PROCEDURAL RULES FOR HEARING COMMITTEES

The following definitions apply for the purposes of these rules:

"Circuits" are defined as the geographic areas designated for the various Courts of Appeal for the State of Louisiana; provided, however, that the geographic areas designated for the Courts of Appeal for the 4th and 5th Circuits shall be considered one circuit.

"Registration statement address" shall be the address supplied by a lawyer on the registration statement required by Supreme Court Rule XIX, Section 8C. [amended effective June 15, 2005]


 

Rule 1. Assignment of Disciplinary Proceedings to Hearing Committees
A matter in which formal charges are filed shall be assigned to a hearing committee selected in rotation from the roster of committees maintained by the Board and which is as near as reasonably possible to the appellate circuit of the lawyer's registration statement address. [Amended effective September 16, 2005]


Rule 2. Scheduling of Hearing Date; Selection of Alternates

Hearing dates will be set by the administrator in consultation with hearing committee members. Any hearing committee member who is unable to attend a hearing on the scheduled date shall be replaced by an alternate taken in sequential order from a circuit roster maintained by the administrator.

Rule 3. Assignment of Hearing Committee Chairs for Additional Duties

The administrator shall designate the hearing committee chair who is to perform the duties required in Supreme Court Rule XIX, Sections 3(E), 14(E), 18(G) and 29(A). These duties shall not be performed by a chair whose registration statement address is in the same circuit as the respondent's registration statement address. A hearing committee whose chair has performed functions in any matter pursuant to Sections 3(E), 14(E), 18(G) or 29(A) is disqualified from participating in any hearing in that matter following the filing of formal charges.  [amended effective June 15, 2005]

Rule 4. Subpoenas
A request for the issuance of a subpoena or subpoena duces tecum either for discovery or for a hearing shall be made in writing to the administrator of the disciplinary board. The administrator shall issue the subpoena and return it to the requesting party for service in accordance with the appropriate Rules of Louisiana Civil Procedure. The subpoena return shall be filed with the administrator.

Rule 5. Subpoenas Under L.R.S. 13:3661
For the purpose of complying with the provisions of  L.R.S. 13:3661, respondent shall accomplish the required deposit by placing the necessary funds in a trust or escrow account. The party requesting issuance of a subpoena to which the provisions of  L.R.S. 13:3661 apply is responsible for tendering the necessary fees to the witness at the time of the hearing for which the witness is subpoenaed in accordance with said provisions.


Rule 6. Assignment of Hearing Committees and Hearing Dates

At the time formal charges are filed by disciplinary counsel, the administrator shall assign the matter to a hearing committee and shall consult with the chair of that committee to schedule a hearing for the next date reasonably available on the schedule set by the board or on such alternate dates as the chair may designate.

The hearing shall be scheduled as early as practicable following the delay for answer and time for discovery allowed by Sections 11 and 15. Notice of the hearing date shall be served by the administrator on respondent(s) and/or counsel for respondent(s), and disciplinary counsel on a form approved by the board not later than 30 days following the filing of the answer to the formal charges.  [amended effective June 15, 2005]

Rule 7. Continuances and Cancellations of Hearings
A hearing which has been scheduled by the administrator before a hearing committee shall be continued only by order of the chair of such committee assigned to hear the matter. The hearing shall be cancelled only if a panel of the disciplinary board determines, following the opportunity for all parties to be heard, that a hearing is not necessary for a resolution of the issues involved in the matter.

Rule 8. Signing Orders and Reports
The chair of a hearing committee may sign any order or report of his or her committee on behalf of the committee; provided, the chair must ensure that all members of the committee authorize his or her signing on its behalf.