A. When it appears that an attorney for whatever reason is failing to perform to an adequate level
of competence necessary to protect his or her clients' interests, the Court may take any remedial
action which it deems appropriate, including but not limited to referral of the affected attorney
to appropriate institutions and professional personnel for assistance in raising the affected
attorney's level of competency. The Court may also, in its discretion, refer the matter to the
Grievance Committee for further investigation and recommendation.
B. A referral to the Grievance Committee of any matter concerning an attorney's failure to
maintain an adequate level of competency in his or her practice before this Court is not a
disciplinary matter and does not implicate the formal procedures previously described in these
Rules. Upon a referral of this sort, the Grievance Committee may request that the attorney
meet with it informally and explain the circumstances which gave rise to the referral and may
conduct such preliminary inquiries as it deems advisable. If after meeting with the attorney
and conducting its preliminary inquiries the Committee determines that further attention is not
needed, the Committee shall notify the referring Judge and consider all inquiries terminated.
C. If after meeting with the attorney and conducting its preliminary inquiries the Committee
deems the matter warrants further action, it may recommend to the attorney that the attorney
take steps to improve the quality of his or her professional performance and shall specify the
nature of the recommended action designed to effect such improvement. The attorney shall be
advised of any such recommendation in writing and be given the opportunity to respond
thereto, to seek review or revocation of the recommendation, or to suggest alternatives thereto.
The Committee may, after receiving such response, modify, amend, revoke, or adhere to its
original recommendation. If the attorney agrees to comply with the Committee's final
recommendation, the Committee shall report to the referring Judge that the matter has been
resolved by the consent of the affected attorney. The Committee may monitor the affected
attorney's compliance with its recommendation and may request the assistance of the Court in
ensuring that the attorney is complying with the final recommendation.
D. If the Committee finds that there is a substantial likelihood that the affected attorney's continued
practice of law may result in serious harm to the attorney's clients pending completion of the
remedial program, it may recommend that the Court consider limiting or otherwise imposing
appropriate restrictions on the attorney's continuing practice before the Court. The Court may
take any action which it deems appropriate to effectuate the Committee's recommendation.
E. Any attorney who takes exception with the Committee's final recommendation shall have the
right to have the Court, consisting of the active Judges thereof, consider the recommendation
and the response of the affected attorney. The Court may, after considering the attorney's
response, by majority vote of the active Judges thereof, adopt, modify, or reject the Committee's
recommendations as to the necessary remedial actions and may take whatever actions it deems
appropriate to ensure the attorney's compliance.
F. All information, reports, records, and recommendations gathered, possessed, or generated by
or on behalf of the Committee in relation to the referral of a matter concerning an attorney's
failure to maintain an adequate level of competency in his or her practice before this Court shall
be confidential unless and until otherwise ordered by the Court.
G. Nothing contained herein and no action taken hereunder shall be construed to interfere with or
substitute for any procedure relating to the discipline of any attorney as elsewhere provided in
these rules. Any disciplinary actions relating to the inadequacy of an attorney's performance
shall occur apart from the proceedings of the Committee in accordance with law and as directed
by the Court.
