TX · rules
Tex. R. Disciplinary P. 5.02
Duties
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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