November 18, 2016

### more time to decide whether to order a transcript and that differences between discipline and reinstatementproceedingsjustify a difference in the deadline to order a transcripts. We haveconsideredthe Board'spetition, the proposedamendments, and thewritten comments. The concerns Cooperstein identifies with respect to the deadline for ordering
a transcript were fully considered by the court. The Board's objective in proposing amendmentsto Rule 18 wasto obtainconsistencywiththe currentprocedures for discipline proceedings, which we conclude is important both for clarity and to assist attorneys who practice in this area. We also believe that there are other ways to ensure that attorneys are fully aware ofthe deadline for ordering atranscript in reinstatement proceedings. Based on all ofthe files, records, and proceedings herein, IT IS HEREBY ORDERED that the petition to amend the Rules on Lawyers Professional Responsibility be, andthe same is, granted. The Rules are amended as shown in the attachment to 

### this order. The Rules as amended are prescribed and promulgated to be effective as ofJanuary l, 2017, and shall apply to all proceedings pending on, or filed
on or after, that date. Dated: November 18, 2016

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### BY THE COURT

Lorie S. Gildea ChiefJustice

### Amendments to the Rules on Lawyers Professional Responsibility [Note: In the followingamendments,deletionsareindicatedby

### alinedrawnthrough the words, andadditionsare indicatedby

### a linedrawn underthe words.]


### Rule 18. Reinstatement 

## * * * (c) 

### Recommendation. The Panel may conduct a hearing and shall make its findings of fact, conclusions, and rccommendation!i. The recommendation shall be served upon the petitioner and filed with this Court. Unless the petitioner or Director, within ten days ofthe date ofservice, orders a transcript and so notifies this Court, the findings offact and conclusions shall be conclusive. 

### If either the petitioner or the Director so orders a transcript then none ofthe findings offact orconclusions shall be conclusive, and either party maychallenge any findings of fact or conclusions. A partv ordering a transcript shall, within ten days ofthe date the transcript is ordered, file with theclerk ofthe appellatecom1s a certificate as to transcript signed bythe court reporter. The certificate shall contain the date on which the transcript was ordered, the estimated completion date (which shall not exceed 30 days from the date the transcript was ordered), and a statement that satisfactory financial arrangements have been made for the transcription. A party ordering a transcript shall order and pay for an original transcript for the Court plus two copies, one for the petitioner and one for the Director. A party ordering a transcript shall specify in the initial briefto the Court the Panel's findings of fact, conclusions, and recommendations that are disputed. 

### (d) Hearing Before Court. There shall be a hearing before this Court on the petition unless otherwise ordered by this Court. Should this Court determine further consideration on the petition is necessary, '.F!his Court may appoint a referee. Ifa referee is appointed, and the same procedure shall be followed as under Rule 

### 14, except subdivision 

### (t) will not 

### apply.

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