Administrative Order 2023-1: Return to In-Person Proceedings

请注意, 立即生效, the 董事会 on Professional Responsibility is adjusting its operations in accordance with the March 31, 2023 Orders of the District of Columbia Court of Appeals and the Joint Committee on Judicial Administration for the District of Columbia, which lifted the requirement that all persons entering court buildings wear a face covering or mask.

先前安排的诉讼程序.  董事会 oral arguments and 听到委员会 hearings that have already been scheduled to take place over Zoom, 将在极速上空发生, unless the respondent requests to hold the oral argument or hearing in person. Such request shall be filed with the Office of the Executive Attorney and served on Disciplinary Counsel at least fourteen days before the scheduled oral argument or hearing (unless a hearing is scheduled within fourteen days of this order, in which case the request shall be filed as soon as practicable).  In considering any such request to convert a Zoom proceeding to an in-person proceeding, the 董事会 or the 听到委员会 shall consider whether holding an in-person proceeding will unreasonably delay the resolution of the case.

即将进行的法律程序.  董事会 oral arguments and 听到委员会 hearings in contested cases and reinstatement cases that have not yet been scheduled for a hearing, shall be scheduled for an in-person proceeding unless the respondent requests that the proceeding be held over Zoom.  对于董事会参数, the request to conduct the argument over Zoom, 如果有任何, shall be contained in the respondent’s brief, immediately before the respondent’s or counsel’s signature.  For 听到委员会 hearings in contested cases and reinstatement cases, the request to conduct the hearing over Zoom, 如果有任何, shall be made as soon as practicable, but no later than the date set for the pre-hearing conference.  Such request shall be filed with the Office of the Executive Attorney and served on Disciplinary Counsel.

Limited hearings in negotiated discipline cases, and pre-hearing conferences in all cases will continue to be held over Zoom.

All proceedings held over Zoom shall continue to be live-streamed (audio and video) on the 董事会’s or 听到委员会’s YouTube page.  行政令2020-6 shall apply to all proceedings held exclusively, or in part, over Zoom.

Late Requests/Unforeseen Circumstances.  The 董事会 or a 听到委员会 may consider a late request for a Zoom proceeding on a showing of good cause.  If illness or other unforeseen issue makes in-person attendance impractical, the 董事会 or a 听到委员会 may permit attendance via Zoom, where appropriate to avoid rescheduling the proceeding.

In-person participation by 董事会 and 听到委员会 Members.  When 董事会 oral arguments are held in person, a majority of the 董事会 members eligible to participate in the case shall be present in person.  Other 董事会 members may participate in the oral argument via Zoom.  董事会规则第13条.6 will govern the participation of a 董事会 Member who cannot be present at oral argument either in person, 或通过缩放.  董事会规则第13条.6 (“Absent any objection from respondent made at or before the oral argument, any member of the 董事会 not present at the oral argument may participate in the decision of the 董事会 if the absent member listens to the recording of the argument.”).

When hearings are held in person, all 听到委员会 members are encouraged to be present in person.  然而, where this requirement would unreasonably delay the hearing schedule, one 听到委员会 member may participate in the hearing via Zoom.  The Notice of 听到委员会 Assignment issued by the Office of the Executive Attorney will identify any 听到委员会 member who will participate in the hearing via Zoom.  Nothing in this Order shall limit 董事会 Rule 7.12, which provides in relevant part:  “If during a formal hearing before a three-member 听到委员会 a committee member is unable to attend the entire hearing, the 听到委员会 may proceed with a quorum of two members or, 经当事人同意, the 听到委员会 member who is unable to attend the entire hearing may participate in the decision.”  The quorum necessary to comply with 董事会 Rule 7.12 may consist of one 听到委员会 member present in person, and one present via Zoom.

In-person appearance by witnesses.  In accordance with 董事会规则第11条.4(a), witnesses who may be compelled to appear at a hearing in person shall testify in person, unless the party sponsoring the witness shows good cause why that witness should be permitted to testify via Zoom.  Witnesses who may not be compelled to appear in person at a hearing will be permitted to testify via Zoom without requiring the sponsoring party to provide twenty-one days advance notice of the remote testimony.  看到 董事会规则第11条.4(a).

Public access to disciplinary proceedings.  Members of the public will be able to attend proceedings in Courtroom II of the Historic Courthouse, 东街430号, N.W.华盛顿特区.C.  也, 在可行的, in-person proceedings will be live-streamed on the 董事会’s or 听到委员会’s YouTube page.

申请要求.  In order to file any document with the 董事会 on Professional Responsibility, 或任何聆讯委员会, the filing party shall convert the document to a PDF and email it to (电子邮件保护). This includes all documents filed in pending cases, as well as Specifications of Charges, Petitions for Negotiated Discipline, 复职请愿书, and any other document filed with the 董事会 or a 听到委员会.  The document shall be signed with an image of the filer’s signature or an “/s” on the signature line.  The “re” line of the transmitting email shall include the case name and 董事会 Docket number.  The body of the email shall include the title of the attached document, as well as the filer’s name and phone number.  

收到的文件在 11:59 p.m. shall be lodged for filing on the day received.  Once a document has been accepted for filing, a stamped copy of the document will be emailed to the proper parties.  If the document to be filed is too large to be sent by email, the filing party shall email (电子邮件保护) 请求进一步指示.  This Order relates to the manner of filing with the 董事会 and 听到委员会s only.  Filed documents must comply with all applicable 董事会 规则 and/or applicable 董事会 or 听到委员会 Order(s).

杂项.  All 董事会 or 听到委员会 reports and/or orders shall be served on the parties by email. 

All parties and counsel are reminded of the obligation to provide an email address on documents filed with the 董事会 or a 听到委员会.  看到 董事会规则第19条.5(a).

Disciplinary Counsel shall serve a copy of this Order with any Specification of Charges, any response contesting a Reinstatement Petition (e.g., a motion to dismiss or an Answer), as well as any motion seeking a 董事会 order during a confidential disciplinary investigation (e.g., a motion to compel a response to Disciplinary Counsel’s inquiry).

To the extent that the content of this Order is inconsistent with any provision of any of the 规则 of the 董事会 on Professional Responsibility, this Order shall control over any such inconsistent 董事会 Rule.  The 董事会 规则 Committee will monitor proceedings conducted pursuant to this Order to consider whether to amend the 董事会 规则 or this Order.

Please see Administrative Order 2023-1