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Supreme Court seeks comment on proposed disciplinary rule changes

March 1, 2016

The Indiana Supreme Court has spent two years working on changes to Indiana Admission and Discipline Rule 23 and is now seeking comment on proposed changes by April 30.

The purpose of these changes is to streamline both the language of the rule and process of investigating and prosecuting attorney disciplinary cases, the court said. Most changes to the rule are minor, changing only wording in some cases and clarifying language.

The most significant changes are under Specific Procedures in Section 10, Investigatory Procedures. The concept of docketing has been eliminated. Instead of a case moving from preliminary investigation to formal investigation, there will be just a seamless investigation, allowing speedier action on grievances.

Also, an internal deadline of one year from the date the grievance is received to complete investigations was added.

The proposed changes also include the creation of Section 10.1, which deals with noncooperation with disciplinary investigations. The new section sets forth with specificity the elements of a response to a show cause order.

The rule changes also brings disciplinary proceedings into the electronic age and allow attorneys to make electronic disbursements from their IOLTA, provided they keep certain records of the transaction.

The public can submit comments online on the Supreme Court’s website, or submit comments by mail to Indiana Supreme Court, Division of State Court Administration, Attn: Tom Carusillo, 30 S. Meridian St., Suite 500, Indianapolis, IN 46204.

Details about the changes are available at on the court’s website.

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