ELC 11.9
BRIEFS FOR REVIEWS NOT INVOLVING SUSPENSION OR
DISBARMENT RECOMMENDATION
(a) Caption of Briefs. The parties should caption briefs as
follows:
[Name of Party] Brief in Opposition to Hearing
[Officer’s] [Panel’s] Decision
[Name of Party] Response
[Name of Party] Reply
(b) Brief in Opposition.
(1) The party seeking review must file a brief in
opposition to the Decision within 20 days of the later
of:
(A) service on the respondent lawyer of a copy of the
transcript, unless the parties have agreed that no
transcript is necessary; or
(B) filing of the notice of appeal.
(2) Failure to file a brief within the required period
constitutes an abandonment of the appeal.
(c) Response. The opposing party has 15 days from service
of the statement of the party seeking review to file a brief
responding to the issues raised on appeal.
(d) Reply. The party seeking review may file a reply to the
response within ten days of service of the response.
(e) Procedure when Both Parties Seek Review or When No Two
Panel Members Can Agree. When both parties file notices of
appeal under rule 11.2(b)(3)(A) or when no two panel members
are able to agree on a Decision, the respondent is
considered the party seeking review and disciplinary counsel
is considered the opposing party. In that case,
disciplinary counsel’s response may raise any issue for
Board review, and the respondent has an additional five days
to file the reply permitted by section (d).
[Adopted effective October 1, 2002.]
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