Tex. R. Disciplinary P. 2.10

The Chief Disciplinary Counsel shall within thirty days

examine each Grievance received to determine whether it constitutes an Inquiry, a Complaint, or

a Discretionary Referral.

A. If the Grievance is determined to constitute an Inquiry, the Chief Disciplinary

Counsel shall notify the Complainant and Respondent of the dismissal. The Complainant

may, within thirty days from notification of the dismissal, appeal the determination to th e

Board of Disciplinary Appeals. If the Board of Disciplinary Appeals affirms the

classification as an Inquiry, the Complainant will be so notified and may within twent y

days amend the Grievance one time only by providing new or additional evidence. The

Complainant may appeal a decision by the Chief Disciplinary Counsel to dismiss the

amended Grievance as an Inquiry to the Board of Disciplinary Appeals. No further

amendments or appeals will be accepted.

B. If the Grievance is determined to constitute a Complaint, the Respondent shall be

provided a copy of the Complaint with notice to respond, in writing, to the allegations of

the Complaint. The notice shall advise the Respondent that the Chief Disciplinary Counsel

may provide appropria te information, including the Respondent’s response, to law

enforcement agencies as permitted by Rule 6.08. The Respondent shall deliver the response

to both the Office of the Chief Disciplinary Counsel and the Complainant within thirty days

after receipt of the notice. The Respondent may, within thirty days after receipt of notice

to respond, appeal to the Board of Disciplinary Appeals the Chief Disciplinary Counsel’s

determination that the Grievance constitutes a Complaint. If the Respondent perfects an

appeal, the pendency of the appeal automatically stays the Respondent’s deadline to

respond to the Complaint and the deadlines pertaining to the investigation and

determination of Just Cause. If the Board of Disciplinary Appeals reverses the Chief

Disciplinary Counsel’s determination, the Grievance must be dismissed immediately as an

Inquiry. If the Board of Disciplinary Appeals affirms the Chief Disciplinary Counsel’s

determination, the Respondent must respond to the allegations in the Complaint within

thirty days after the Respondent receives notice of the affirmance.

C. If the Grievance is determined to be a Discretionary Referral, the Chief Disciplinary

Counsel will notify the Complainant and the Respondent of the referral to the State Bar’s

Client Attorney Assistance Program (CAAP). No later than sixty days after the Grievance

is referred, CAAP will notify the Chief Disciplinary Counsel of the outcome of the referral.

The Chief Disciplinary Counsel must, within fifteen days of notification from CAAP,

determine whether the Grievance should be dismissed as an Inquiry or proceed as a

Complaint. The Chief Disciplinary Counsel and CAAP may share confidential information

for all Grievances classified as Discretionary Referrals.