This proceeding is not public. The Panel determines whether probable cause exists to believe that public discipline is warranted on any or all of the charges against the lawyer. If a Panel finds probable cause exists, then the OLPR files with the Supreme Court a petition for disciplinary action. The petition and all subsequent proceedings are public. The Supreme Court assigns the matter to a referee.
Disciplinary referees are district court judges from throughout the state.
The referee conducts a trial, and after the trial issues written findings of fact, conclusions of law, and a recommendation for discipline. The OLPR and the lawyer file briefs and conduct oral argument before the Supreme Court. The Court then issues a written opinion with its decision. When a lawyer is on disciplinary probation, the OLPR acts in two ways. On the one hand, the office acts to assist the lawyer with the problems that resulted in the lawyer being placed on probation so that those problems do not recur.