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TX · rules

Tex. R. Disciplinary P. 5.02

Duties

activein force · 2024-10-01 – presentact-effective-date

In addition to the other disciplinary duties set forth in these rules, the Chief

Disciplinary Counsel shall:

A. Review and screen all information coming to his or her attention or to the attention

of the Commission relating to lawyer misconduct. Such review may encompass whatever

active investigation is deemed necessary by the Chief Disciplinary Counsel independent of

the filing of a writing.

B. Reject all matters and Inquiries not constituting a Complaint and so advise the

Complainant.

C. Investigate Complaints to ascertain whether Just Cause exists. The investigation

may include the issuance of subpoenas, an investigatory hearing, and the entry of a

negotiated judgment by an Investigatory Panel.

D. Recommend dismissal of a Complaint, if appropriate, to a Summary Disposition

Panel of appropriate venue.

E. Move the Board of Disciplinary Appeals to transfer a pending Disciplinary

Proceeding from one Committee to another within the same District if the Committee fails

or refuses to hear the Disciplinary Proceeding.

F. Move the Board of Disciplinary Appeals to transfer matters from one

Committee to another, whether or not within the same District, when the requirements of

fairness to the Complainant or the Respondent require.

G. Represent the Commission in all Complaints, Disciplinary Proceedings and

Disciplinary Actions in which the Commission is the client.

H. When information regarding a Complaint becomes eligible for public disclosure

under these rules, refer a Complaint and information related thereto to any other

professional organizations or bodies that he or she deems appropriate for consultation on

the nature of the Complaint, the events giving rise to the Complaint, and the proper manner

of resolution of the Complaint. The Chief Disciplinary Counsel shall provide the

Respondent written notice of the referral at the time it is made. Neither the Ch ief

Disciplinary Counsel nor any person or body acting under these rules is bound by any

recommendation of another professional organization to which the Complaint or related

information is referred under this Rule.

I. Present cases to Evidentiary Panels of Committees, or in a district court if such has

been elected by the Respondent, as provided in these rules, unless disqualified from doing

so under the Texas Disciplinary Rules of Professional Conduct.

J. Represent the Commission, if the need arises, before all courts and administrative

bodies.

K. Notify the Respondent and the Complainant promptly of the disposition of each

Complaint.

L. Upon receiving information of a violation of any term or condition of probation by

an attorney suspended from the practice of law where all or any part of the suspension

has been probated, file on behalf of the Commission a motion to revoke p robation. The

motion must state the terms or conditions of the probation and the conduct alleged to violate

the same. The Chief Disciplinary Counsel shall cause a copy of the motion to be served on

the attorney involved.

M. Perform such other duties relating to disciplinary and disability matters as may be

assigned by the Commission.

Provenance

Source
txcourts.gov
Retrieved
2026-09-15
Edition
2026-09-14
Content hash
c543e58009486cc444f28e210ffe98fa8ca1e33b0708b52dbf296d336f2b3513
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