II. The Disciplinary Commission and Bar Associations
Effective July 1, 2023
Section 4. Sources and Uses of Funds
(a) Source and deposit of funds.
The Supreme Court shall periodically designate a portion of the registration fees charged to attorneys pursuant to Admission and Discipline Rule 2 to be used for the operations of the Disciplinary Commission. The Executive Director of the Disciplinary Commission shall deposit these funds into an account designated “Supreme Court Disciplinary Commission Fund.”
(b) Disbursements.
Disbursements from the fund shall be made solely upon vouchers signed by or pursuant to the direction of the Chief Justice of Indiana.
(c) Salaries.
The Supreme Court shall specifically approve all salaries to be paid out of the Disciplinary Commission Fund.
(d) Budget.
Not later than May 1 of each year, the Disciplinary Commission shall submit for approval by the Supreme Court an operating budget for July 1 to June 30 of the following fiscal year.
Section 5. Role of Bar Associations
(a) Mandatory and prohibited actions.
Bar associations in this State shall not conduct proceedings for the imposition of discipline as defined in this Rule. The bar associations shall take all necessary action to resolve attorney-client disputes which do not involve claims of misconduct upon request by the Disciplinary Commission. The bar associations and the members of the bar shall also assist the Disciplinary Commission in the investigation of claims of misconduct upon request by the Disciplinary Commission.
(b) Permissive actions regarding fee disputes.
Bar associations of this State may take reasonable action to resolve attorney-client disputes where the dispute is limited to the amount of compensation being charged by the attorney independent of any request by the Disciplinary Commission and without referring the dispute to the Disciplinary Commission. Action by the bar associations may include but shall not be limited to mediation or arbitration of the amounts to be charged for an attorney's services.
In cases where a bar association attempts to resolve an attorney-client dispute as to compensation charged for the attorney's services, any person dissatisfied with the attempt at resolution shall have a right to file a formal grievance with the Disciplinary Commission pursuant to this Rule if the amount charged by the attorney is so completely excessive in relation to the services performed and to the usual considerations taken into account in determining an attorney's charges as to constitute misconduct in itself, or if other misconduct on the part of the attorney is claimed.
(c) Authorization to file grievance.
A bar association of this State shall be permitted to prepare and file a grievance with the Disciplinary Commission under the following circumstances:
(1) The decision to prepare and file the grievance shall be taken at a regular or special meeting of the bar association after notice has been given to the members of the association; or, where the association has a governing Board of Managers or Board of Directors, the decision may be taken at a regular or special meeting of the Board of Managers or Board of Directors after notice to the managers or directors.
(2) A quorum of the members of the association, or of the Board of Managers or Board of Directors thereof shall be in attendance at the meeting.
(3) The decision to file grievance shall be made by a roll call vote of the members, managers or directors in attendance at the meeting, with the vote of each member present being recorded.
Section 6. Composition of Supreme Court Disciplinary Commission
(a) Establishment.
A Disciplinary Commission to be known as the “Disciplinary Commission of the Supreme Court of Indiana” is hereby created and shall have the powers and duties hereinafter set forth.
(b) Composition.
The Disciplinary Commission consists of nine members appointed by the Supreme Court of Indiana, seven of whom must be admitted to the Bar of the Supreme Court and two of whom must be citizens, not admitted to the practice of law. Those who are not members of the Bar must take and subscribe to an oath of office to be filed and maintained by the Supreme Court Clerk. A reasonable effort must be made to provide diversity in membership, including, but not limited to, race, gender, practice area, and geographical representation of the State. Members serve a five-year term that begins on July 1 of the year of appointment. A member appointed to fill the vacancy of an unexpired term serves until the end of the unexpired term. Any member may be removed by the Supreme Court for good cause.
Section 7. Organization of the Disciplinary Commission
(a) Officers.
The Disciplinary Commission shall annually elect from among its membership a Chair who shall preside at all meetings, a Vice Chair who shall preside in the absence of the Chair, and a Secretary who shall keep the minutes of the meetings of the Disciplinary Commission.
(b) Quorum.
Five (5) Commissioners shall constitute a quorum of the Disciplinary Commission, and the Disciplinary Commission shall act by a vote of a majority of Commissioners present.
(c) Meetings.
The Disciplinary Commission shall meet monthly at a time and place designated by the Chair, who may also convene special meetings of the Disciplinary Commission in his or her discretion.
(d) Expenses and compensation.
The members of the Disciplinary Commission shall be allowed their necessary expenses and reasonable compensation as the Supreme Court shall fix from time to time.
Section 8. Powers and Duties of the Disciplinary Commission
(a) Duties and powers.
In addition to the powers and duties set forth in this Rule, the Disciplinary Commission shall have the duty and power to:
(1) Appoint with the approval of the Supreme Court an Executive Director of the Disciplinary Commission who shall be a member of the Bar of this State and who shall serve at the pleasure of the Disciplinary Commission.
(2) Prepare and furnish a form of request for investigation to each person who claims that an attorney is guilty of misconduct and to each Bar Association in this State for distribution to these persons.
(3) Supervise the investigation of claims of misconduct.
(4) Issue subpoenas; the failure to obey the subpoena may be punished as contempt of the Supreme Court or, in the case of an attorney under investigation, shall subject the attorney to suspension under the procedures set forth in subsection 10.1(c) of this Rule.
(5) Do all things necessary and proper to carry out its powers and duties under this Rule.
(6) Exercise the right to bring an action in the Supreme Court to enjoin or restrain the unauthorized practice of law.
(7) Make an annual report of its activities to the Supreme Court and the Indiana State Bar Association. The report shall include a statement of income and expenses for the year.
(b) Rules and regulations.
The Disciplinary Commission may propose rules and regulations for the efficient discharge of its power and duties. These rules and regulations shall become effective upon approval by a majority of the Supreme Court.
Section 9. Powers and Duties of the Executive Director
In addition to the powers and duties set forth in other Sections of this Rule, the Executive Director shall have the power and duty to:
(a) Administer the Disciplinary Commission's work.
(b) Appoint, with the approval of the Disciplinary Commission, staff as may be necessary to assist the Disciplinary Commission to carry out its powers and duties under this Rule.
(c) Supervise and direct the work of the Disciplinary Commission's staff.
(d) Appoint and assign duties to investigators.
(e) Supervise the maintenance of the Disciplinary Commission's records.
(f) Issue subpoenas in the name of the Disciplinary Commission. The failure to obey the subpoena shall be punished as a contempt of the Supreme Court or, in the case of an attorney under investigation, shall subject the attorney to suspension under the procedures set forth in subsection 10.1(c) of this Rule.
(g) Enforce the collection of the registration fee provided in Ind. Admission and Discipline Rule 2 against delinquent members of the Bar.
(h) Notwithstanding the Public Access requirements set out in Section 22 of this Rule, cooperate with the attorney disciplinary enforcement agencies of other jurisdictions, including, upon written request, the release of any documents or records that are in the control of the Executive Director to the chief executive of an attorney disciplinary enforcement agency in any jurisdiction in which an Indiana attorney is also admitted.
(i) In addition to the powers and duties set forth in other Sections of this Rule, the Executive Director shall have the power and duty to designate in writing an Acting Executive Director to act in the Executive Director’s absence.
(j) Do all things necessary and proper to carry out the Executive Director's duties and powers under this Rule.