Although these changes are largely procedural and organizational, there is also a significant substantive impact, particularly in the initial stage of a complaint. Time will tell whether eliminating the writing requirement has invited a deluge of minor complaints that detracts from prompt handling of serious matters. Diversion may be offered very early in the process. Private admonition replaces the two forms of private discipline available under the prior system-letter of admonition and private censure.
Probation is a new form of discipline to stay suspensions only.
Also, an attorney is not eligible for diversion if the attorney has been publicly disciplined within the past three years. John Gleason is the Attorney Regulation Counsel. It remains to be seen whether the absence of an additional perspective in a matter will be disadvantageous. This was a benefit under the old system. Most substantive decisions on cases are made in meetings among all professional staff, bringing consistency to such decisions while at the same time diminishing the discretion of the prosecutor.