ELC 3.2
            CONFIDENTIAL DISCIPLINARY INFORMATION


(a) Scope of Confidentiality.  All disciplinary materials
that are not public information as defined in rule 3.1(b)
are confidential, and are held by the Association under the
authority of the Supreme Court, including but not limited to
materials submitted to a review committee under rule 8.9 or
information protected by rule 3.3(b), rule 5.4(b), rule
5.1(c)(3), a protective order under rule 3.2(e), rule
3.2(b), court order, or other applicable law (e.g., medical
records, police reports, etc.).

(b) Restriction on Release of Client Information.
Notwithstanding any other provision of this title, no
information identified or known to the Association to
constitute client information that a lawyer would be
required to keep confidential under RPC 1.6 may be released
under rule 3.4(c) - (i) unless the client consents,
including implied consent under rule 5.1(b).

(c) Investigative Confidentiality.  During the course of an
investigation or proceeding, the Chief Disciplinary Counsel
may direct that otherwise public information be kept
confidential if necessary to further the purposes of the
investigation.  At the conclusion of the proceeding, those
materials become public information unless subject to a
protective order.

(d) Discipline Under Prior Rules.  Discipline imposed under
prior rules of this state that was confidential when imposed
remains confidential.  A record of confidential discipline
may be kept confidential during proceedings under these
rules, or in connection with a stipulation under rule 9.1,
through a protective order under section (e).

(e) Protective Orders.  To protect a compelling interest of
a grievant, witness, third party, respondent lawyer, or
other participant in an investigation, on motion and for
good cause shown, the Board Chair, the chair of a review
committee to which a matter is assigned, or a hearing
officer to whom a matter is assigned may issue a protective
order prohibiting the disclosure or release of specific
information, documents, or pleadings, and direct that the
proceedings be conducted so as to implement the order.
Filing a motion for a protective order stays the provisions
of this title as to any matter sought to be kept
confidential until five days after a ruling is served on the
parties.  The Board reviews decisions granting or denying a
protective order if either the respondent lawyer or
disciplinary counsel requests a review within five days of
service of the decision.  On review, the Board may affirm,
reverse, or modify the protective order.  The Board’s
decision is not subject to further review.  A request for
review by the Board stays the provisions of this title as to
any matter sought to be kept confidential in that request,
and the request itself is confidential until a ruling is
issued.

(f) Wrongful Disclosure or Release.  Disclosure or release,
except as permitted by these rules, by any person involved
with an investigation or proceeding, either as the
Association’s officer or agent (including, but not limited
to, its staff, members of the Board of Governors, the
Disciplinary Board, a review committee, hearing panels,
hearing officers, disciplinary counsel, adjunct
investigative counsel, a lawyer appointed under rule 7.7, or
any other individual acting under authority of these rules)
of any information about a pending or completed
investigation or proceeding, except as permitted by these
rules, may subject that person to an action for contempt of
the Supreme Court.  If the person is a lawyer, wrongful
disclosure or release may also be grounds for discipline.


[Adopted effective October 1, 2002.]