M.R. GAL 9

(a) Grounds for Discipline. It shall be misconduct and a ground for

discipline for a guardian ad litem to

(1) Violate or attempt to violate these Rules, chapter 32 of Title 4, Title

18-C, Title 19-A, Title 22, or an appointment order issued pursuant to them;

knowingly assist or induce another to do so; or do so through the acts of

another;

(2) Engage in conduct that violates the applicable rules of conduct for

guardians ad litem in another jurisdiction;

(3) Commit any criminal or unlawful act that reflects adversely on the

guardian ad litem’s honesty, trustworthiness, or fitness as a guardian ad litem;

(4) Engage in conduct involving dishonesty, fraud, deceit, or

misrepresentation;

(5) Have allegations of abuse or neglect against him or her

substantiated by the Maine Department of Health and Human Services;

(6) Fail to maintain compliance with the requirements in Rule 2 for

placement on the Roster;

(7) In the performance of guardian ad litem duties, by words or

conduct, manifest bias or prejudice based upon race, color, sex, religion,

national origin, disability, age, sexual orientation, or socioeconomic status;

(8) Willfully violate an order imposing discipline under these Rules;

willfully fail to comply with a subpoena validly issued under these Rules; or

knowingly fail to respond to a lawful demand from a disciplinary authority,

except that this Rule does not require disclosure of information otherwise

protected by applicable rules relating to confidentiality; or

(9) Fail to comply with the duty to report set forth in Rule 5(i)(4).

(b) Jurisdiction.

(1) Guardians ad Litem. Any person on the Roster, or formerly on the

Roster with respect to acts committed while on the Roster, and any guardian ad

litem appointed to a case under Rule 2(a)(1), is subject to the jurisdiction of the

Review Board.

(2) Powers Not Assumed. This Rule shall not be construed to deny to

any court the powers necessary to maintain control over its proceedings.

(c) Period of Limitations. No disciplinary proceeding may be

commenced based on conduct alleged to have occurred more than six years

prior to the date a complaint is filed.

(d) Disciplinary Procedure.

(1) Complaint in Open or Closed Proceedings. Any party to an open or

closed proceeding under Title 18-C, Title 19-A, or Title 22, who wishes to

complain to the Review Board of misconduct by or incapacity of a guardian ad

litem appointed from the Roster in that proceeding, may submit to Central

Intake a written complaint on a form approved by the Review Board. A

complainant must inform the Review Board whether the case is pending and

whether a complaint has been filed with the judicial officer who is conducting

hearings on the case. The Review Board may open a file on a complaint but

shall not take any action with respect to, or initiate a review with respect to, a

pending case until the court issues a final judgment in that case, the court enters

an order allowing the Board to proceed, or the guardian ad litem is removed or

discharged.

(2) Complaint by nonparty. A judicial officer or Board Counsel may

submit a complaint to the Review Board regarding guardian ad litem

misconduct or incapacity at any time.

(3) Board Counsel Investigation. Board Counsel shall conduct all

investigations, except as otherwise required by these Rules.

(A) Board Counsel shall evaluate all relevant information including a

court’s decision on whether to remove the guardian ad litem, to

determine whether the information or complaint concerns a guardian ad

litem subject to jurisdiction under these Rules and whether the alleged

facts, if true, would constitute misconduct or incapacity. Board Counsel

shall dismiss a complaint if jurisdiction does not exist or if the facts would

not constitute misconduct or incapacity.

(B) If a complaint is dismissed, Board Counsel shall notify the

complainant and the respondent in writing that the complaint was

dismissed and the reason for the dismissal. This written notification shall

inform the complainant of his or her right to seek review of the dismissal

by a public member of the Review Board by submitting a written request

for review within 21 days after the date of the dismissal notice. Upon

receipt of a request for review, a public member shall be assigned by the

Board Clerk to review the complaint and Board Counsel’s investigation

materials, and the assigned public member shall either

(i) Approve the dismissal by Board Counsel, and direct the

Board Clerk to notify the complainant and the respondent that the

matter shall remain closed; or

(ii) Disapprove the dismissal by Board Counsel, and direct that

the matter be investigated further and/or that formal charges be

filed. The Board Clerk shall notify the complainant and the

respondent of the public member’s action in writing.

(C) If the matter is not dismissed, Board Counsel shall serve the

respondent in writing with notice of the substance of the matter and

afford him or her the opportunity to respond. Board counsel shall

provide the complainant a copy of any written communication from the

respondent relating to the matter, except that information that is subject

to the privilege held by a person other than the complainant shall be

redacted. Board Counsel shall refer the matter to the Board Clerk for a

hearing before a Review Board Panel.

(4) Pre-Hearing Procedures. If Board Counsel refers a matter to the

Review Board Panel, Board Counsel shall prepare formal charges in writing that

give fair and adequate notice of the nature of the alleged misconduct.

(A) Board Counsel shall file the formal charges with the Board Clerk.

Board Counsel shall serve a copy of the formal charges on the respondent

and shall mail a copy of the formal charges to the complainant.

(B) The Board Clerk shall assign the complaint to a three-member

Review Board Panel for hearing.

(C) The respondent shall file a written answer with the Board Clerk

and serve a copy on Board Counsel within 21 days after service of the

formal charges, unless the Chair of the Review Board Panel to which the

matter is assigned for review extends the time for good cause shown. If

the respondent fails to answer within the prescribed time, the factual

allegations and the alleged misconduct shall be deemed admitted. Board

Counsel shall provide a copy of respondent’s answer to the complainant,

or if necessary to protect a person other than the complainant or

respondent, Board Counsel shall provide a redacted version of the

answer to the complainant.

(D) No later than 21 days in advance of the hearing, the Board Clerk

shall serve a notice of hearing on Board Counsel and the respondent,

stating the date and place of hearing. The Board Clerk shall mail a copy

of the notice of hearing to the complainant. The notice of hearing shall

advise the respondent of the right to be represented by a lawyer, to cross-examine witnesses, and to present evidence, and shall advise the

complainant, if any, of the complainant’s right to make a statement to the

Review Board Panel concerning the respondent’s alleged misconduct and

the effect of the alleged misconduct on the complainant.

(E) At least 14 days before the hearing, the Board Clerk shall prepare

and deliver to Board Counsel a statement as to the existence or absence

of any disciplinary sanction record, reinstatement to the Roster, or

surrender of Roster membership involving the respondent. Board

Counsel shall then mail the statement to the respondent. The statement

and any reply from the respondent shall be provided to the panel only in

accordance with Rule 9(d)(4)(J).

(F) Discovery. Within 21 days after the respondent’s answer to the

formal charges is filed, Board Counsel and the respondent shall

(i) Exchange the names and addresses of all persons having

knowledge of relevant facts;

(ii) Identify which persons are reasonably anticipated to be

called as witnesses; and

(iii) Exchange all documents Board Counsel or the respondent

reasonably anticipate will be introduced at the hearing.

Upon good cause shown, the Chair of the Review Board Panel may order

additional discovery. The Chair of the Review Board Panel shall resolve

by order all disputes concerning discovery. All discovery orders are

interlocutory and may not be appealed prior to issuance of the Review

Board Panel decision.

(5) Hearing.

(A) Nature of the Proceeding. The Chair of the Review Board Panel shall

decide pre-hearing motions, shall preside at the hearing, and shall have

the power to control the course of proceedings and regulate the conduct

of those individuals appearing as counsel, parties, or witnesses.

Disciplinary hearings before the Review Board Panel are neither civil nor

criminal in nature, and neither the Rules of Civil Procedure nor the Rules

of Evidence apply. Evidence shall be admitted if it is the kind of evidence

upon which reasonable persons are accustomed to rely in the conduct of

serious affairs. The Chair of the Review Board Panel may exclude

irrelevant or unduly repetitious evidence.

(B) Proceedings Public. The hearing shall be open to the public, except

that to protect the interests of a complainant, witness, child, third party,

or the respondent, the Chair of the Review Board Panel may, upon motion

filed with the Board Clerk and for good cause shown, issue a protective

order prohibiting the disclosure of privileged or confidential information

and direct that the proceedings be conducted so as to implement that

order.

(C) Burden and Standard of Proof. At the hearing, Board Counsel and

the respondent shall have the right to present evidence and cross-examine witnesses. The testimony of witnesses shall be by oath or

affirmation administered by the Panel Chair. Board Counsel shall have

the burden of establishing the basis for discipline by a preponderance of

the evidence. A certified copy of a criminal conviction constitutes

conclusive evidence that the respondent has committed the underlying

crime.

(D) Hearings Recorded. The Board Clerk shall cause all proceedings

before the panel to be recorded in a form that will permit transcription.

A hearing transcript or partial transcript may be ordered at any time by

the Review Board Panel, the respondent, or Board Counsel. When

ordering a transcript, the respondent or Board Counsel must provide a

copy of the requested transcript to the opposing party.

(E) Related Pending Proceedings. Upon a showing of good cause, the

Review Board Panel may stay a disciplinary matter because of substantial

similarity to the material allegations of pending criminal or civil litigation

or professional disciplinary action.

(F) Cameras and Audio Recordings. Any person or organization

requesting permission to record or photograph disciplinary hearings

shall file a notice with the Board Clerk in advance of the hearing. Use of

cameras and audio recording or electronic devices at disciplinary

hearings is governed by the Administrative Order issued by the Supreme

Judicial Court governing the use of cameras and audio recording devices

in the courts.

(G) Failure to Appear. If the respondent fails to appear at the hearing

without good cause, he or she shall be deemed to have admitted the

factual allegations of misconduct that were to be the subject of the

hearing and/or to have waived objection to any motion or

recommendations scheduled to be addressed at the hearing. The Review

Board Panel may not, absent good cause, continue or delay proceedings

due to the respondent’s failure to appear.

(H) Inability to Properly Defend. If during a disciplinary proceeding the

respondent claims to be incapacitated and that the incapacity makes it

impossible to present an adequate defense, Board Counsel may

recommend that the Chief Judge immediately suspend the guardian ad

litem from the Roster pending a determination of the incapacity. The

disciplinary proceeding shall be stayed under this subsection only if the

Chief Judge determines that the guardian is unable to present an

adequate defense due to incapacity. The incapacitated respondent shall

remain on interim suspension until the Chief Judge determines that

capacity has been restored and orders that the disciplinary proceedings

be resumed.

(I) Waiver. Subject to approval by the Panel Chair, the requirements

governing the hearing process as established in these Rules may be

waived by a stipulated agreement of the parties.

(J) Disciplinary History. Board Counsel shall not divulge the statement

as to the existence or absence of any sanction record to the Review Board

Panel until after the Panel has made a finding of misconduct, unless the

statement is admissible as probative evidence on issues pending in the

matter before the Panel.

(6) Review Board Panel Decision. The deliberations of the Review

Board Panel following the hearing shall not be open to the public or the parties.

The Review Board Panel shall issue a written decision containing its findings of

fact, conclusions of law, and decision on dismissal or sanction to the Board Clerk

within 30 days after the hearing, unless the time for decision is otherwise

extended by the Chair of the Review Board. If a sanction is imposed, the

decision must state the basis for imposing the sanction. The Board Clerk shall

serve the decision on respondent and Board Counsel, who shall mail a copy to

the complainant. The Review Board Panel may render one of the following:

(A) Dismissal. If the Review Board Panel finds that Board Counsel has

not proven misconduct subject to sanction under these Rules, it shall

dismiss the matter;

(B) Reprimand. If the Review Board Panel finds that misconduct

subject to sanction under these Rules has occurred, it may issue a

reprimand if the misconduct is minor; there was no injury to a child, the

public, or the court; the respondent did not act intentionally; and there is

not a likelihood of recurrence; or

(C) Removal. If the Review Board Panel finds that misconduct subject

to sanction under these Rules has occurred but does not find that

reprimand is appropriate, the Panel shall order the removal of the

respondent from the Roster.

(7) Appeal of Review Board Panel Decision. A decision of the Review

Board Panel shall constitute final agency action and is reviewable as provided

in Maine Rule of Civil Procedure 80C and the Maine Administrative Procedure

Act, 5 M.R.S. § 11001 et seq., except that the requirement of service set out in 5

M.R.S. § 11003(1)(C) shall not apply.

(e) Complaints Against the Review Board and Board of Overseers

Members. If a complaint is filed against a guardian ad litem who is a member

of the Review Board or Board of Overseers, the matter shall proceed in

accordance with these Rules, except that the Chief Justice of the Maine Supreme

Judicial Court shall appoint Special Counsel who shall exercise independent

authority to investigate the complaint and, if the Chief Justice deems it

necessary, assign an ad hoc Review Board Panel to the case. Special Counsel

shall not receive compensation for his or her services but may seek

reimbursement from the Review Board for the payment of reasonable expenses

and for investigative, administrative, and legal support.

(f) Service and Notice. Service of formal charges or of any other

papers or notices required by these Rules shall be sufficient if made by first

class mail addressed to the guardian ad litem’s office and/or residence address

as provided by the guardian ad litem in the registration materials required by

Rule 8(b). Service is complete upon mailing. The Board Clerk or Board Counsel

may, at their discretion, use additional methods of service and notice (e.g., e-

mail or telephone communication) if previous attempts at providing service or

notice in the manner required by this Rule have failed.

(g) Subpoena Power.

(1) Investigatory Subpoenas. Before formal charges have been filed,

Board Counsel may compel by subpoena the attendance of witnesses or the

respondent and the production of pertinent books, papers, and documents in

accordance with Rule 45 of the Maine Rules of Civil Procedure.

(2) Subpoenas For Hearing. After formal charges are filed, Board

Counsel or the respondent may compel by subpoena the attendance of

witnesses, including the respondent, and the production of pertinent books,

papers, and documents at a hearing under these Rules in accordance with Rule

45 of the Maine Rules of Civil Procedure.

(3) Enforcement of Subpoenas. The Chief Judge may, upon proper

application, enforce the attendance and testimony of any witnesses or the

respondent and the production of any documents subpoenaed under these

Rules.

(4) Quashing Subpoena. Any person to whom a subpoena has been

issued under this Rule may object to the subpoena, may move to quash or

modify the subpoena as set forth in Rule 45 of the Maine Rules of Civil

Procedure, and may appear through legal counsel for that purpose. Any

objection to a subpoena so issued, or any motion to quash or modify such a

subpoena, shall be heard and determined by the chair of the Review Board

Panel before which the matter is pending or by the Chief Judge when

enforcement of the subpoena is being sought.

(5) Witnesses And Fees. Subpoena and witness fees and mileage shall

be as provided for proceedings in the Maine District Court.

(6) Subpoena Pursuant to Law of Another Jurisdiction. Whenever a

subpoena is sought in Maine pursuant to the law of another jurisdiction for use

in guardian ad litem discipline proceedings, and where the issuance of the

subpoena has been duly approved under the law of the other jurisdiction, the

Chair of the Review Board, upon good cause shown, may issue a subpoena in

accordance with Rule 45 of the Maine Rules of Civil Procedure.

(h) Immediate Interim Suspension from the Roster. Board Counsel

shall file a petition with the Chief Judge upon receipt of evidence, either from

the guardian through report pursuant to Rule 5(i)(4) or from another reliable

source, suggesting the existence of a ground for immediately suspending a

guardian ad litem from the Roster.

(1) Petition. A petition for immediate interim suspension shall include

the following:

(A) The information demonstrating a ground for the immediate

suspension of a guardian from the Roster;

(B) Except in cases of alleged incapacity, a certification that Board

Counsel has filed formal charges against the guardian ad litem in

accordance with Rule 9(d)(3); and

(C) A certification that Board Counsel has served or made a reasonable

attempt to serve the guardian ad litem or the guardian ad litem’s personal

representative, if any, with notice of the information filed with the Chief

Judge.

(2) Mandatory Grounds for Immediate Interim Suspension. The Chief

Judge shall immediately suspend a guardian ad litem from the Roster if:

(A) The Chief Judge finds probable cause to believe that the guardian

ad litem has violated these Rules and that the violation threatens

immediate and irreparable injury to a child, the public, or the court;

(B) The guardian ad litem is incapacitated, and the incapacity

threatens immediate and irreparable injury to a child, the public, or the

court. For the purposes of this Rule, evidence that the guardian ad litem

is “incapacitated” includes evidence that the guardian ad litem: (i) has

been judicially declared incompetent; (ii) has been acquitted of a crime

by reason of mental illness; (iii) has been committed to a mental health

hospital after a judicial hearing; (iv) has been voluntarily admitted to a

mental health hospital for acute care; (v) has been voluntarily admitted

to a substance abuse facility for extended treatment; or (vi) has been

placed by a court under guardianship or conservatorship or the

equivalent in another jurisdiction; or

(C) The guardian ad litem has been formally charged with a “serious

crime” as defined in Rule 1(c)(19).

(3) Discretionary Grounds for Immediate Interim Suspension. The Chief

Judge may immediately suspend a guardian ad litem from the Roster if the Chief

Judge concludes that the immediate suspension of the guardian ad litem is

necessary to protect a child, the public, or the court.

(4) Immediate Interim Suspension Order. Upon examination of the

evidence transmitted and of any rebuttal evidence that the guardian ad litem

has submitted, the Chief Judge may order the immediate suspension of the

guardian ad litem from the Roster, pending final disposition of a Review Board

Panel hearing predicated on the same grounds. Alternatively, the Chief Judge

may order such other action as the Chief Judge deems appropriate. A copy of

the Chief Judge’s order shall be served on Board Counsel and the guardian ad

litem.

(5) Notice of Suspension. A guardian ad litem subject to an interim

suspension shall comply with the requirements of Rule 9(m).

(6) Rescission of Interim Suspension. The Chief Judge may, in his or her

discretion, vacate the interim suspension if the guardian ad litem shows by

clear and convincing evidence that the grounds for the interim suspension no

longer exist. The Chief Judge’s decision to vacate the interim suspension shall

not automatically terminate any formal disciplinary proceeding pending

against the guardian ad litem, the disposition of which shall be determined by

the Review Board.

(7) No appeal. Neither party shall have the right to appeal the decision

of the Chief Judge on immediate interim suspension or rescission of interim

suspension.

(8) Further Proceedings When Guardian ad Litem is Alleged to be

Incapacitated. If a guardian ad litem is subject to an interim suspension based

on alleged incapacity, Board Counsel shall notify the Board Clerk, who shall

assign the matter to a Review Board Panel. If Board Counsel proves the

respondent’s incapacity by a preponderance of the evidence at a hearing before

the Review Board Panel, the Panel shall issue a decision removing the

respondent from the Roster for incapacity.

(i) Discipline by Consent and Surrender of Appointment on

Roster.

(1) Discipline by Consent. A guardian ad litem against whom a

complaint or formal charges have been filed may tender to Board Counsel a

conditional admission in exchange for a stated form of discipline. The Review

Board Panel may approve or reject the tendered conditional admission and

discipline order. There is no right to appeal from an order of discipline by

consent.

(2) Surrender of Appointment. A guardian ad litem who is the subject

of an investigation under these Rules may submit to the Board Clerk a signed,

notarized letter of surrender of appointment to the Roster and shall send a copy

of the letter to Board Counsel. Upon receipt of such surrender, the Board Clerk

shall file it with the Chief Judge. The Chief Judge may accept the surrender or

may enter such order that the Chief Judge deems appropriate. Any order

accepting a surrender of appointment shall be a matter of public record unless

otherwise ordered in whole or in part by the Chief Judge for good cause shown.

(j) Reciprocal Discipline.

(1) Notification. Within 30 days after being disciplined or the

equivalent in another jurisdiction, a guardian ad litem on the Roster shall

promptly inform Board Counsel.

(2) After receiving notification from any source that a guardian ad

litem on the Roster has been disciplined or was the subject of administrative

action in another jurisdiction, Board Counsel shall

(A) Obtain a certified copy of the disciplinary order or equivalent; and

(B) File formal charges against the guardian ad litem with the Board

Clerk and serve the respondent with notice of those charges.

(3) Discipline To Be Imposed. The Review Board Panel shall conduct a

hearing on the formal charges pursuant to Rule 9(d)(4) and impose an

appropriate sanction authorized by Rule 9(d)(5), unless the respondent

demonstrates by clear and convincing evidence that reciprocal discipline

should not be imposed.

(k) Access to Disciplinary Information.

(1) Confidentiality. Prior to service of Board Counsel’s formal charges,

the proceeding is confidential, except that the pendency, subject matter, and

status of an investigation by Board Counsel may be disclosed by Board Counsel

if there is a need to notify another person or entity in order to protect a child,

the public, or the court.

(2) Release of Confidential Information To Authorized Entities. In order

to protect a child, the public, or the court, Board Counsel may provide access to

relevant to authorized entities including courts in Title 18-C, Title 19-A, and

Title 22 proceedings; members of the Review Board; the Chief Judge;

jurisdictions investigating qualifications for appointment of guardians ad litem

or considering reciprocal disciplinary action; relevant professional licensing

agencies; and law enforcement agencies.

(3) Public Information. All filings with the Board Clerk or the Office of

the Chief Judge related to proceedings under this Rule shall be available to the

public after the filing and service of formal charges, unless the complainant, the

respondent, or Board Counsel obtains a protective order for specific testimony,

documents, or records.

(4) Public Proceedings. Upon service of formal charges upon the

respondent, all proceedings shall be public except for the deliberations of both

the Review Board Panel and the Single Jurist and except for information with

respect to which the Review Board Panel, Single Jurist, or Chief Judge has issued

a protective order.

(5) File Retention and Copying. The Review Board shall retain all files.

Files may be retained in a digital format. Copying and attestation fees shall be

the same as those for proceedings in the Maine Supreme Judicial Court.

(l) Dissemination of Disciplinary Information.

(1) Public Notice.

(A) The Board Clerk shall issue, electronically or otherwise, a news

release to general media outlets throughout Maine regarding the

suspension, surrender, or removal of a guardian ad litem from the Roster.

(B) The Board Clerk shall publish on the Review Board’s website public

hearing decisions issued by Review Board Panels and decisions from

appeals pursuant to Rule 9(d)(6).

(2) Additional Notice. The Board Clerk shall transmit, electronically or

otherwise, notice of all public disciplinary sanctions, surrenders, suspensions,

and reappointments of Roster membership to members of the Review Board

and to the following:

(A) The Chief Judge;

(B) The Director of the Court Appointed Special Advocates Program;

(C) The guardian ad litem disciplinary authority in any other

jurisdiction known to the Review Board in which the guardian ad litem

has been appointed;

(D) All State, Federal, and Tribal Courts in Maine;

(E) The regulatory body for the guardian ad litem’s underlying

profession; and

(F) Any other such organization as determined by the Review Board.

(m) Guardian ad Litem Duties Following Discipline.

(1) Recipients of Notice; Contents. Unless otherwise ordered, within 30

days after a surrender or the date of a decision or order imposing suspension

or removal from the Roster, respondent shall notify the following in writing of

the nature of the discipline, and of the respondent’s disqualification to act as

guardian after the effective date of the order:

(A) The courts in all Title 18-C, Title 19-A, and Title 22 proceedings in

which the guardian ad litem is currently appointed;

(B) Any parents in all Title 18-C, Title 19-A, and Title 22 proceedings in

which the guardian ad litem is currently appointed; and

(C) Any counsel in all Title 18-C, Title 19-A, and Title 22 proceedings in

which the guardian ad litem is currently appointed.

(2) Duty to Maintain Records. The guardian ad litem shall keep and

maintain records of the steps taken to accomplish the requirements of this

subsection and shall make those records available to Board Counsel on request.

(3) Refund of Fees. Within 10 days after entry of the order imposing

suspension or removal, the guardian ad litem shall refund any unearned

portion of fees paid in advance.

(4) New Appointments Prohibited. Upon the effective date of an order

suspending or removing guardian ad litem from the Roster, the affected

individual shall not accept any new appointments as a guardian ad litem under

Title 18-C, Title 19-A, or Title 22. The affected individual shall not advertise

that he or she is a guardian ad litem and shall discontinue any advertisements

indicating that he or she is a guardian ad litem.

(5) Affidavit Filed. Within 10 days after the effective date of the

suspension or removal, the guardian ad litem shall file with Board Counsel an

affidavit

(A) Showing compliance with the provisions of the decision or order

and with this Rule;

(B) Identifying all other jurisdictions in which the guardian ad litem is

currently qualified to act as a guardian ad litem; and

(C) Identifying the residence or other addresses where

communications may thereafter be directed.

(n) Application for Return to Roster. A guardian ad litem who has

been removed from the Roster or who has surrendered his or her appointment

from the Roster may be reappointed to the Roster only by order of the Chief

Judge after submitting an application pursuant to Rule 2 of these Rules.

(1) A guardian ad litem who has been removed from or who has

surrendered from the Roster for incapacity may apply one year after the

removal or surrender and, if the application is denied, may reapply no more

than once a year thereafter.

(2) A guardian ad litem who has been removed from the Roster for

misconduct or who has surrendered from the Roster after a complaint is filed

may apply five years after the removal or surrender and, if the application is

denied, may reapply after the time specified by the Chief Judge in the decision

denying the application.

(o) Immunity. Members of the Review Board, Board Counsel, Special

Counsel, ad hoc Review Board Panel members appointed by the Chief Justice of

the Maine Supreme Judicial Court, and the Board of Overseers and its staff or

any person acting on their behalf, shall be immune from suit to the extent

permitted by statute and other provisions of law.