PART IX — SPECIAL PROCEEDINGS AND ENFORCEMENT
Rule 77. Attorney discipline and reinstatement
Jurisdiction and grounds
Every attorney admitted or authorized to practice in Ridgeway is subject to the Court’s constitutional disciplinary authority. Discipline may be imposed only for a proved violation of:
an active Ridgeway Rule of Professional Conduct; or
a Ridgeway statute.
Professional unpopularity, protected advocacy, an adverse result, criticism of government, or discipline in another jurisdiction is not itself a Ridgeway ground.
Initiation
A formal proceeding begins by:
a verified disciplinary petition submitted by the Board of Legal Ethics after its investigation; or
an order of the Court stating specific possible violations and appointing disinterested disciplinary counsel.
A private complainant must ordinarily use the State Bar reporting system and is not automatically a party. The Clerk opens a special matter under Rule 25(g) and uses the caption In re [Attorney].
Petition or charging order
Each charge must separately state:
the conduct alleged, with material dates and actors;
the professional-conduct rule or statute allegedly violated;
the supporting facts and available evidence;
any prior related proceeding or discipline;
the sanction requested, if known; and
the identity and authority of disciplinary counsel.
The charging paper must not allege an offense or ground not supplied by law.
Service and answer
The Marshal or Clerk, as ordered, must serve the charging paper, evidence index, and scheduling order on the attorney. The attorney must answer within seven days after service. The answer may admit, deny, assert insufficient knowledge, raise a legal defense, and identify disputed evidence. No allegation is deemed admitted solely because the attorney did not answer.
Assignment and disqualification
The Chief Justice may designate an eligible Justice to manage discovery and prehearing procedure. The evidentiary disciplinary hearing required by 3 R. Stat. § 151.204 must be held before a quorum of eligible Justices. A special master may assist with nonadjudicative administration or make a recommendation only when an identified active law expressly authorizes that role; a master may not replace the statutory hearing. Final discipline reserved by law to the Supreme Court requires a quorum and vote of the eligible Justices. A State Bar officer or Justice who investigated, prosecuted, is a material witness, or has another disqualifying interest may not adjudicate the charge.
Discovery, subpoenas, and evidence
The Court or designated Justice may authorize proportionate disclosure, depositions, subpoenas, stipulations, and protective orders under authority supplied by law. The Ridgeway Rules of Evidence apply. Privilege, work product, confidentiality, and the right against compelled self-incrimination remain protected. No immunity or subpoena power is created merely by this Rule.
Hearing and burden
The attorney is entitled to reasonable notice, counsel, an open hearing after formal charges unless lawful confidentiality requires otherwise, presentation of evidence, confrontation of adverse evidence, and argument. Disciplinary counsel must prove each violation by clear and convincing evidence. Discipline may not be entered by default without proof sufficient to satisfy that burden.
Complaints, investigation, and public record
A complaint and preliminary investigation remain confidential to the extent provided by law and State Bar rules. Formal charges, hearings, and final decisions are public unless a narrowly tailored order protects a client, minor, privileged communication, classified information, or ongoing investigation. A public decision must disclose the basis for discipline without unnecessarily revealing protected material.
Conviction and interim protection
An attorney must notify the Board of Legal Ethics and Clerk within two days after entry of a criminal conviction. An arrest, accusation, probable-cause finding, or pending charge is not a conviction. On a certified judgment of conviction for a serious offense bearing on honesty, fitness, client safety, or the administration of justice, the Court may order the attorney to show cause within three days after service why an interim suspension or practice restriction is not necessary. Interim action:
is protective, not final discipline;
requires notice and an opportunity to respond unless immediate temporary action is essential to prevent specific and imminent harm;
must be no broader than necessary;
does not make the conviction conclusive as to a different element not actually adjudicated; and
must be dissolved or reconsidered promptly if the conviction is reversed or set aside.
Reciprocal discipline
Discipline imposed by another jurisdiction may establish that the proceeding occurred, but Ridgeway discipline requires a ground under subdivision (a). The attorney may show lack of notice, infirm proof, a materially different Ridgeway rule, absence of finality, or that corresponding discipline would be unjust.
Sanctions
After considering the duty violated, mental state, injury or risk, aggravating and mitigating circumstances, prior discipline, candor, restitution, and proportionality, the Court may impose only a sanction authorized by law, including:
disbarment;
suspension for a stated period or until stated conditions are met;
public reprimand;
monetary sanction authorized by law; or
admonition.
The Court may accept a knowing and voluntary consent to discipline or resignation, but the filed order must state its effect on later readmission.
Decision and notice
The final decision must state findings, legal conclusions, sanction, effective time, client-file and notice duties, status of pending cases, and conditions for reinstatement. The Clerk must notify the attorney, State Bar, every Ridgeway court, and any licensing record maintained by the State.
Reinstatement after suspension
An attorney seeking reinstatement after suspension must file a verified petition showing:
expiration of the minimum period;
compliance with every disciplinary order;
payment, waiver, or lawful resolution of restitution and costs;
current competence and fitness;
candor concerning intervening conduct; and
compliance with current admission requirements that lawfully apply.
The Board may respond within seven days after service of the petition and may request a hearing. The petitioner bears the burden by clear and convincing evidence. A fixed suspension does not restore practice rights before the Clerk records the reinstatement required by the disciplinary order.
Readmission after disbarment
Unless the disbarment order lawfully fixes another period, a petition for readmission may not be filed earlier than thirty days after the effective date of disbarment. Readmission is not automatic and requires the showing in subdivision (m), proof that resumption of practice will not harm the public or administration of justice, State Bar review, and a Court order. Denial may specify when another petition is permitted.