(a) APPOINTMENT.
There shall be established a standing committee appointed by the Court to be known as
the Committee on Grievances (the "Committee") consisting of six or more members of
the Bar of this Court appointed for terms of three years and until their successors have
been appointed. The terms of the members shall be staggered so as to provide continuity.
No member of the committee on Grievances shall serve more than two consecutive terms.
The Court shall designate a Chair of the Committee and a Vice Chair who shall act in the
absence or disability of the Chair. Members of the Committee shall serve without
compensation except that the Court may authorize payments in lieu of expenses from fees
collected by the Clerk pursuant to LCvR 83.8(f).
(b) DUTIES.
The Committee shall be charged with receiving, investigating, considering and acting
upon complaints against all attorneys subject to these Rules, LCvR 83.12(b) relating to
disbarment, suspension, censure, reprimand or other disciplinary action, and petitions for
reinstatement of attorneys.
(c) CLERK.
The Clerk shall with approval of the Court, appoint a Clerk to the Committee who shall
have all powers vested in a Deputy Clerk of the Court. The Clerk to the Committee shall
assist the Committee, maintain records of its proceedings, investigations and
prosecutions, and proceed as otherwise set forth in these Rules.
(d) CONFIDENTIALITY AND IMMUNITY.
All proceedings before the Committee involving allegations of misconduct of an attorney
and all documents and charges presented to the Committee shall remain confidential and
privileged. All formal charges prepared by the Committee and directed to be filed by the
Court, attorney or grievance cases filed with the Clerk of the Court, court orders, and
subsequent pleadings, answers or responses filed therein shall be matters of public
records.
All meetings and hearings of the Committee shall be held in camera and the business
conducted therein shall remain confidential and privileged. The Committee's Chair or, in
the Chair's absence or disability, the Vice Chair shall have discretion in determining the
manner and extent of cooperating with disciplinary agencies from other jurisdictions. All
records and minutes of the Committee shall be maintained under seal and shall not be
disclosed except by order or direction of the Chief Judge (or the designee of the Chief
Judge).
When exercising the power delegated by the Court, Committee members shall be
absolutely immune from suit for any conduct in connection with their duties. Complaints
submitted to the Committee on Grievances pursuant to LCvR 83.16 shall be absolutely
privileged and no claim or action predicated thereon may be instituted or maintained.
COMMENT TO LCvR 83.14: Section (c) governs the responsibilities of the Clerk to the
Committee. The most important change is section (d) which is added to describe the
practice of the Committee on Grievances and the Court relating to confidentiality and
disclosure of disciplinary proceedings. It clarifies existing practice by explicitly stating
which proceedings are confidential and which are not. The Rule does not bar disclosure
of information by order of the Chief Judge or his/her designee in connection with judicial
appointments. In addition, consistent with rules of other courts and case law, the Rule
provides that Committee members shall be immune from suit for conduct in the course of
their duties in exercising the power delegated to the Committee members by the Court.
