Sec. 81.075. DISPOSITION OF COMPLAINTS. (a) The chief disciplinary counsel shall review and investigate each grievance classified as a complaint to determine whether there is just cause, as defined by the Texas Rules of Disciplinary Procedure.
(b) After the chief disciplinary counsel reviews and investigates a complaint:
(1) if the counsel finds there is no just cause, the counsel shall place the complaint on a dismissal docket; or
(2) if the counsel finds just cause:
(A) the respondent attorney may request a trial in a district court on the complaint in accordance with the procedures adopted by the supreme court; or
(B) the counsel shall place the complaint on a hearing docket if the respondent attorney does not request a trial in a district court.
(c) A panel of a district grievance committee shall consider each complaint placed on the dismissal docket at a closed hearing without the complainant or the respondent attorney present. The panel may:
(1) approve the dismissal of the complaint and refer the complaint to the voluntary mediation and dispute resolution procedure established under Section 81.072(e); or
(2) deny the dismissal of the complaint and place the complaint on a hearing docket.
(d) A panel of a district grievance committee shall conduct a hearing on each complaint placed on the hearing docket. The commission and the respondent attorney are parties to the hearing, and the chief disciplinary counsel presents the complainant's case at the hearing. Each party may seek and the panel may issue a subpoena to compel attendance and production of records before the panel. Each party may conduct limited discovery in general accordance with the Texas Rules of Civil Procedure as prescribed by rules of the supreme court.
(e) After conducting a hearing under Subsection (d), the panel of the district grievance committee may:
(1) dismiss the complaint and refer it to the voluntary mediation and dispute resolution procedure established under Section 81.072(e);
(2) find that the respondent attorney suffers from a disability and forward that finding to the Board of Disciplinary Appeals for referral to a district disability committee; or
(3) find that professional misconduct occurred and impose sanctions.
Added by Acts 2003, 78th Leg., ch. 227, Sec. 17, eff. Sept. 1, 2003.
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