SCR 22.25

(1) Allegations of misconduct against the director, a lawyer

member of staff, retained counsel, a lawyer member of the preliminary

review committee, a lawyer member of the board of administrative

oversight, or a referee shall be assigned by the director for investigation

to a special investigator. The supreme court shall appoint lawyers who

are not currently participating in the lawyer regulation system and are

not among the lawyers from whom retained counsel is selected under

SCR 21.05 to serve as special investigators. The director shall assign a

special investigator in rotation. A special investigator may discuss

confidential matters with other special investigators. All records of

matters referred to a special investigator or to the special preliminary

review panel shall be retained by the director as required under SCR

22.44 and 22.45.

(2) Within 14 days after notice of assignment of a matter to a

special investigator, the respondent may make a written request for the

substitution of the special investigator. One timely request for

substitution shall be granted by the director as a matter of right.

Additional requests for substitution shall be granted for good cause.

When a request for substitution is granted, the special investigator

initially assigned shall not participate further in the matter.

(3) If the special investigator determines that there is not

sufficient information to support an allegation of possible misconduct,

the special investigator may close the matter. The special investigator

shall notify the grievant in writing that the grievant may obtain review

by the special preliminary review panel of the closure by submitting a

written request to the special investigator. The request for review must

be received by the special investigator within 30 days after the date of

the letter notifying the grievant of the closure. The special investigator

shall send the request for review to the special preliminary review

panel, as described in sub (3m). A member may serve not more than 2

consecutive 3-year terms. Upon a timely request by the grievant for

additional time, the special investigator shall report the request to the

chairperson of the special preliminary review panel, who may extend

the time for submission of additional information relating to the request

for review. If the panel affirms the investigator's determination, the

special preliminary review panel shall inform the grievant. The panel's

decision affirming closure of the matter is final. If the panel does not

concur in the investigator's determination, it shall direct the investigator

to initiate an investigation of the matter.

(3m) The special preliminary review panel consists of 4 lawyers

and 3 public members, appointed by the supreme court and having a

quorum of 4 members. Members of the special preliminary review

panel serve staggered 3-year terms. A member may not serve more

than 2 consecutive 3-year terms.

(4) If the special investigator determines that the information

provided is sufficient to support an allegation of misconduct, the special

investigator shall conduct an investigation of the matter. Upon

commencing an investigation, the special investigator shall notify the

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

special investigator the investigation of the matter requires otherwise.

The respondent shall fully and fairly disclose all facts and

circumstances pertaining to the alleged misconduct with 20 days after

being served by ordinary mail a request for a written response. The

special investigator may allow additional time to respond. Except in

limited circumstances when good cause is shown and a response

summary is more appropriate, the special investigator shall provide the

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

comment in writing on the respondent's response. Following receipt of

the response, the special investigator may conduct further investigation

and may compel the respondent to answer questions, furnish

documents, and present information deemed relevant to the

investigation. 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 matters asserted in the

grievance. Upon completion of the investigation, the special

investigator shall do one of the following:

(a) The special investigator may dismiss the matter and notify

the grievant in writing that the grievant may obtain review of the

dismissal by submitting to the special investigator a written request.

The request for review must be received within 30 days after the date

of the letter notifying the grievant of the dismissal. The special

investigator shall send the request for review to the special preliminary

review panel. Upon a timely request by the grievant for additional time,

the special investigator shall report the request to the chairperson of the

special preliminary review panel, who may extend the time for

submission of additional information relating to the request for review.

If the panel affirms the investigator's determination, the special

preliminary review panel shall inform the grievant. The panel's

decision affirming dismissal of the matter is final. If the panel does not

concur in the investigator's determination, the panel shall direct the

investigator to investigate the matter further.

(b) The special investigator may prepare an investigative report

and send a copy of it to the respondent and to the grievant. The

respondent and grievant each may submit to the special investigator a

written response to the report within 10 days after the copy of the report

is sent.

(5) The special investigator may submit the investigative report

and the response of the respondent and the grievant, if any, to the

special preliminary review panel to determine whether there is cause

for the special investigator to proceed in the matter. A determination

of cause to proceed shall be by the affirmative vote of four or more

members of the panel and does not constitute a determination that there

is clear, satisfactory and convincing evidence of misconduct.

(6)(a) If the special preliminary review panel determines that

cause to proceed in the matter has not been established, the special

investigator may dismiss the matter, which is a final decision, or the

special investigator may continue the investigation and resubmit the

matter to the special preliminary review panel within a reasonable time

after the panel's determination.

(b) Following resubmission, if the special preliminary review

panel determines that the special investigator has failed to establish

cause to proceed, it shall dismiss the matter and notify in writing the

special investigator, the respondent, and the grievant of the dismissal.

The panel's decision to dismiss after resubmission is final and there is

no further review.

(c) Repealed.

(7) If the special preliminary review panel determines that there

is cause to proceed in the matter, the special investigator may take any

of the actions set forth in SCR 22.08(2). The special investigator need

not obtain approval of a diversion agreement from the special

preliminary review panel. In cases where the special investigator files

a complaint with the supreme court, the special investigator may

prosecute the complaint personally or may assign responsibility for

filing, serving, and prosecuting the complaint to counsel retained by the

director for such purposes.

(8) Allegations of malfeasance against the director, retained

counsel, a member of the preliminary review committee, a member of

the board of administrative oversight, a special investigator, a member

of the special preliminary review panel, or a referee shall be referred by

the director to the supreme court for appropriate action.

(9) Allegations of malfeasance against a member of the staff of

the office of lawyer regulation shall be referred to the director for

appropriate personnel action.