(a) Court’s Inherent Power. Nothing in these rules deprives this court of its inherent
power to regulate the admission, practice, and discipline of attorneys practicing
before it.
(b) Statute of Limitations. No statute of limitations bars any proceeding under these
disciplinary rules.
(c) Deferral and Abatement. Processing of disciplinary complaints must not be
deferred or abated because of substantial similarity to the material allegations of
pending civil or criminal litigation unless expressly authorized by the Disciplinary
Panel. Abatement of a complaint is not justified by:
(1) unwillingness or neglect of a complainant to sign a complaint or to
prosecute a charge;
(2) settlement or compromise between the complainant and the attorney; or
(3) restitution by the attorney.
(d) Time Limitations. Except as otherwise provided in these rules, time limitations
are directory and not jurisdictional.
(e) Deviation From Rules. Any deviation from the rules and procedures set forth in
these rules is neither a defense in a disciplinary proceeding nor grounds for
dismissal of any complaint absent actual prejudice to the respondent. The
respondent must show any such prejudice by clear and convincing evidence.
(f) Judicial Immunity. Complaints, reports, or testimony in the course of disciplinary
proceedings under these rules are deemed to be made in the course of judicial
proceedings. All participants are entitled to judicial immunity and all rights,
privileges, and immunities afforded public officials and other participants in actions
filed in the courts of Kansas.
***
As amended 11/16/90.
-XIII-
REVIEW OF ADMINISTRATIVE PROCEEDINGS
