Rule 17. Immediate Suspension Pending Further Proceedings

(a) Immediate suspension is the temporary suspension by the Court of an attorney’s license to practice law for a definite or indefinite period of time while proceedings conducted pursuant to these rules are pending against the attorney. Although an attorney’s license to practice law shall not ordinarily be suspended during the pendency of such proceedings, the Court may order the attorney’s license to practice law immediately suspended when there is reasonable cause to believe that: (1) The attorney is causing or has caused immediate and substantial public or private harm and the attorney: (A) Has converted property or funds; (B) Has abandoned clients; or (C) Has engaged in conduct which poses an immediate threat to the effective administration of justice. (2) The attorney has been convicted of a serious crime as defined in Rule 18(e). (3) The attorney is not cooperating by failing to produce information or documents requested by Bar Counsel and has not interposed a good-faith objection to producing the information or documents. (b) Petition for Immediate Suspension. — (1) Bar Counsel shall file a petition for immediate suspension with the Court. The petition shall be supported by an affidavit setting forth sufficient facts to give rise to reasonable cause that the alleged conduct has in fact occurred. A copy of the petition shall be served on the attorney pursuant to these rules. (2) Respondent shall have fifteen (15) days from date of service to respond to the petition. (3) Upon review of the petition, affidavit, and response by the respondent, if the Court finds by clear and convincing evidence that respondent poses an imminent threat of substantial harm to the public, the Court shall issue an order of interim suspension. The order shall be transmitted by the Court to respondent by certified mail and to the clerks of court. (4) Within fifteen (15) days of the entry of an order of immediate suspension, Bar Counsel shall file a formal charge. The matter shall then proceed pursuant to these rules. respondent poses an imminent threat of substantial harm to the public, the Court shall issue an order of interim suspension. The order shall be transmitted by the Court to respondent by certified mail and to the clerks of court. (4) Within fifteen (15) days of the entry of an order of immediate suspension, Bar Counsel shall file a formal charge. The matter shall then proceed pursuant to these rules. (c) Petition for Dissolution or Modification of an Order of Immediate Suspension. — (1) Respondent may file a petition with the Court for dissolution or modification of an order of immediate suspension at any time following its entry. The petition shall be supported by an affidavit setting forth sufficient facts to prove by clear and convincing evidence that respondent does not pose an imminent threat of substantial harm to the public and that the order of immediate suspension should be dissolved or modified. A copy of the petition shall be served upon Bar Counsel by respondent. (2) Bar Counsel shall have fifteen (15) days from date of service to respond to the petition. (3) Upon review of the petition, affidavit, and response by Bar Counsel, if the Court finds clear and convincing evidence that respondent does not pose an imminent threat of substantial harm to the public and that the order of immediate suspension should be dissolved or modified, the petition shall be granted subject to any conditions imposed by the Court. The order dissolving or modifying the immediate suspension shall be transmitted by the Court to respondent. (d) An order of immediate suspension, when served by certified mail, return receipt requested, on a financial institution maintaining a trust account for respondent, shall constitute an injunction prohibiting the financial institution from disbursing any funds from that account except as ordered by the Court. Bar Counsel shall serve the order on the financial institution as deemed necessary. (Adopted February 20, 2015, effective July 1, 2015.)