APPENDIX C. PROCEDURAL RULES FOR PROBATION MONITORS
Rule 1. Selection
a) The Disciplinary Board shall establish a pool of attorneys licensed to practice in the State who would agree to serve as probation monitors. All actions of probation monitors shall be pursuant to Rule XIX. Probation monitors shall be considered as members of the Disciplinary system.
b) Selection of the probation monitor shall be made by the Disciplinary Board or its designee. Under no circumstance shall the probation monitor be engaged in any representation of the respondent or be related to respondent by blood or marriage to the third degree nor be engaged in legal or professional practice, business or social concerns with the respondent.
c) The probation monitor shall be a resident of the State of Louisiana.
d) While respondent's input into the selection of the probation monitor may be considered, the respondent shall have no right to approve or veto of the probation monitor.
e) All terms of probation shall be written and agreed to by the probation monitor and the respondent prior to the commencement of the probation period. Probation shall be terminated upon the filing of an affidavit by respondent showing compliance with the conditions and an affidavit by the probation monitor stating that probation is no longer necessary and summarizing the basis for that statement. [amended effective June 5, 2006]
Rule 2. Duties of Probation Monitor
Probation monitors shall perform all aspects of the probation monitoring as set forth in the specific sanction. A probation monitor's obligation is to ascertain that respondent is in compliance with the probation conditions and promptly report any such compliance or noncompliance to Disciplinary Counsel. The probation monitor shall submit reports to the Disciplinary Counsel not less than quarterly. It shall be the obligation of the Disciplinary Counsel to investigate the noncompliance as reported by the probation monitor. If a probation monitor is unable to serve or does not perform his/her duties, the Disciplinary Board, or its designee who selected the monitor, shall replace said monitor.
Rule 3. Standards of Review
a) The probation monitor shall review the files and accounts of the respondent insofar as probation is required, i.e. if the respondent is on probation as a result of commingling, the probation monitor shall review the financial records of the respondent to ascertain that no commingling continues. Similarly, if the respondent is on probation for neglect of legal matters, the probation monitor shall review the substance of the respondent's files.
b) The probation monitor shall have the right to review any of respondent's files which it deems necessary in order to complete his/her obligations.
c) Such review shall take place regularly as deemed necessary by the probation monitor. Respondent shall make himself, members of his staff, both full time, part time, and independent contractors reasonably available for a conference with the probation monitor. Any expenses incurred by way of such conferences shall be paid directly by the respondent.
d) In connection with the reviews, respondent, without written or oral request, shall furnish to probation monitor a written update of the respondent's activities which fall within the ambit of the probation requirements.
e) The failure to furnish such written reports shall constitute a basis for revocation of probation.
f) Respondents shall timely provide appropriate waivers of confidentiality to probation monitors insofar as physicians, banking relations, accountants, and any other confidential relationships which may exist between respondent and other parties to the extent such information is necessary for the probation monitor to perform his/her services.
g) In cases where the respondent is a recovering drug or alcohol addict, the probation monitor shall have the right to demand appropriate laboratory tests, if required. Failure of the respondent to provide the opportunity for such lab tests should be considered as a violation.
Rule 4. Compensation
Probation monitors shall be reimbursed for their reasonable expenses incurred in performing probation services. All such costs shall be paid directly by the respondent. Failure of the respondent to promptly pay costs shall be grounds for revocation of probation.
Rule 5. Revocation
A. Non-compliance or other Rules of Professional Conduct violation.
When a probation monitor reports that a respondent is not complying with the terms of probation, or when Disciplinary Counsel otherwise becomes aware of respondent's noncompliance or further violations of the Rules of Professional Conduct, Disciplinary Counsel shall investigate and, if appropriate, file a request for revocation of the probation.
Upon receipt of sufficient evidence demonstrating that respondent has violated his/her probation and/or committed a violation of the Rules of Professional Conduct and poses a substantial threat of harm to the public, Disciplinary Counsel shall submit the evidence to the Court with a request for an interim suspension and revocation of probation. Disciplinary Counsel shall follow the procedure outlined in Section 19B, Interim Suspension for Threat of Harm.
C. Hearing in non-emergency situations.
Upon receipt of sufficient evidence demonstrating that respondent has violated his/her probation and/or committed a violation of the Rules of Professional Conduct, Disciplinary Counsel shall submit the evidence to the Adjudicative Committee with a request for a revocation of probation.
A hearing with notice as provided in Rule XIX shall be held by the Adjudicative Committee panel within thirty days of Disciplinary Counsel's request for revocation. The panel shall immediately make a recommendation and submit it to the Adjudicative Committee for a vote. The opinion shall be issued to the Court within ten days of the hearing.