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D. Kan. Rule 83.6.12

General Provisions

activein force · 1990-11-16 – presentact-effective-date

(a) Court’s Inherent Power. Nothing in these rules deprives this court of its inherent

power to regulate the admission, practice, and discipline of attorneys practicing

before it.

(b) Statute of Limitations. No statute of limitations bars any proceeding under these

disciplinary rules.

(c) Deferral and Abatement. Processing of disciplinary complaints must not be

deferred or abated because of substantial similarity to the material allegations of

pending civil or criminal litigation unless expressly authorized by the Disciplinary

Panel. Abatement of a complaint is not justified by:

(1) unwillingness or neglect of a complainant to sign a complaint or to

prosecute a charge;

(2) settlement or compromise between the complainant and the attorney; or

(3) restitution by the attorney.

(d) Time Limitations. Except as otherwise provided in these rules, time limitations

are directory and not jurisdictional.

(e) Deviation From Rules. Any deviation from the rules and procedures set forth in

these rules is neither a defense in a disciplinary proceeding nor grounds for

dismissal of any complaint absent actual prejudice to the respondent. The

respondent must show any such prejudice by clear and convincing evidence.

(f) Judicial Immunity. Complaints, reports, or testimony in the course of disciplinary

proceedings under these rules are deemed to be made in the course of judicial

proceedings. All participants are entitled to judicial immunity and all rights,

privileges, and immunities afforded public officials and other participants in actions

filed in the courts of Kansas.

* * *

History

As amended 11/16/90.

Provenance

Source
www.ksd.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-19
Content hash
70032c25b08d600c83eb50c0360478f1e7ef93736cfa4b94d6c88653ddf12413
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