SCR 22.03

(1) The director shall investigate any grievance that presents

sufficient information to support a possible finding of cause to proceed.

(2) Upon commencing an investigation, the director shall notify

the respondent of the matter being investigated unless in the opinion of

the director the investigation of the matter requires otherwise. The

respondent shall fully and fairly disclose all facts and circumstances

pertaining to the alleged misconduct within 20 days after being served

by ordinary mail a request for a written response. The director may

allow additional time to respond. Following receipt of the response, the

director may conduct further investigation and may compel the

respondent to answer questions, furnish documents, and present any

information deemed relevant to the investigation.

(3) Staff involved in the investigation process shall include in

reports to the director all relevant exculpatory and inculpatory

information obtained.

(4)(a) If respondent fails fully and fairly to disclose all facts and

circumstances pertaining to the alleged misconduct within the deadline

established pursuant to par. (2), including any extension granted by the

director or special investigator, or fails to cooperate in other respects

with an investigation, the director or special investigator shall notify

respondent by personal service that respondent's license to practice law

will be automatically suspended unless, within 20 days after receiving

such personal service, respondent:

1. Fully and fairly discloses all facts and circumstances

pertaining to the alleged misconduct or otherwise cooperates with the

investigation, to the reasonable satisfaction of the director or special

investigator; or,

2. Submits evidence to the director or special investigator

demonstrating, to the reasonable satisfaction of the director or special

investigator, respondent's inability to disclose the facts and

circumstances or otherwise cooperate with the investigation; or,

3. Files a motion with the supreme court showing cause why

respondent's license to practice should not be suspended for willful

failure to respond or cooperate with the investigation.

(b)1. If respondent satisfies the condition of par. (a) 1., the

director or special investigator shall proceed with the investigation.

2. If respondent satisfies the condition of par. (a) 2., the director

or special investigator may establish a new deadline for respondent to

disclose fully and fairly all facts and circumstances or otherwise

cooperate with the investigation. If respondent fails to disclose fully

and fairly all facts and circumstances or otherwise cooperate with the

investigation, to the reasonable satisfaction of the director or special

investigator, before expiration of the deadline established pursuant to

this par. 2, respondent's license to practice law is automatically

suspended.

3. If respondent files a motion with the supreme court pursuant

to par. (a) 3., the supreme court shall act upon respondent's motion,

following its own procedures. All papers, files, transcripts,

communications, and proceedings on the motion are confidential until

the supreme court has acted upon the motion. If the supreme court

grants respondent's motion, the record shall remain confidential. If the

supreme court denies respondent's motion, the record shall become

public information unless the supreme court, upon its discretion and for

cause shown, directs otherwise.

(c)1. If respondent fails to satisfy any of par. (a) 1., 2. or 3. or

fails to meet a deadline established pursuant to par. (b) 2., or if the

supreme court rejects respondent's motion submitted pursuant to par.

(b) 3., respondent's license is suspended and the director shall promptly

notify the state bar of Wisconsin, and all judges in the state of the

suspension.

2. SCR 22.26(2) applies immediately upon suspension to a

respondent whose license to practice law is suspended pursuant to this

rule. If respondent's suspension hereunder extends beyond 30 days,

SCR 22.26 in its entirety applies to the respondent beginning on the

31st day.

(d)1. Notwithstanding SCR 22.28, if, within 18 months of the

date of suspension pursuant to SCR 22.03(4), a respondent whose

license was suspended for failure to satisfy a condition of par. (a) 1. to

3., or failure to meet a deadline established pursuant to par. (b) 2.,

discloses fully and fairly all facts and circumstances pertaining to the

alleged misconduct, or otherwise cooperates with the investigation, to

the reasonable satisfaction of the director or special investigator,

respondent's license to practice law shall be automatically reinstated.

Upon reinstatement of a license pursuant to this subsection, the director

or special investigator shall promptly notify all judges in the state of

such reinstatement.

2. Respondent, following suspension of respondent's license

pursuant to par. (4) and whose license was not automatically reinstated

pursuant to par. (d) 1. above, may apply for reinstatement pursuant to

SCR 22.28(3).

(5)(a) Except as provided in sub (b), the director shall provide

the grievant a copy of the respondent's response to the grievance and

the opportunity to comment in writing on the respondent's response.

(b) In limited circumstances when good cause is shown, the

director may provide the grievant a summary of the respondent's

response prepared by the investigator in place of a copy of the response.

(c) The director may, in the director's discretion, provide the

respondent a copy of the grievance and of any information supplied by

the grievant that is not included in the grievance. In exercising such

discretion, the director shall consider:

(1) The grievant's interest in privacy

(2) The respondent's interest in being fully informed of the basis

for the grievance and of any proceedings taken against him or her

pursuant to the grievance.

(3) Any effect that supplying or withholding a copy of the

grievance and information supplied by the grievant may have upon the

public interest.

(6) In the course of the investigation, the respondent's willful

failure to provide relevant information, to answer questions fully, or to

furnish documents and the respondent's misrepresentation in a

disclosure are misconduct, regardless of the merits of the matters

asserted in the grievance.

(7) The duty of the respondent to cooperate with the

investigation does not affect the respondent's privilege against self-incrimination, but the privilege may be asserted only in respect to

matters that may subject the respondent to criminal liability.

(8) The director, or a special investigator acting under SCR

22.25, may subpoena the respondent and others and compel any person

to produce pertinent books, papers, and documents. The director, or a

special investigator acting under SCR 22.25, may obtain expert

assistance in the course of an investigation.