In more complicated matters, where there may be witnesses involved, accounting problems, or disputed facts, the Disciplinary Board uses an investigator. The investigation provides a factual basis for the Disciplinary Board to determine if cause for discipline exists. Disciplinary hearings may be held before the sevenmember Disciplinary Board. The procedure in disciplinary hearings is similar to that in court trials. A record is kept by a court reporter.
Testimony is given under oath.
Witnesses and records may be subpoenaed but the hearing is not open to the public. If the board determines the lawyer has done no wrong, the complaint is dismissed. The board may issue a private reprimand in less serious cases of wrongdoing. More serious violations are reported to the Supreme Court, which may in turn, refer the matter to a circuit court judge to act as a referee, try the matter, and recommend discipline to the Supreme Court. Disciplinary proceedings are confidential until they reach the point where the Disciplinary Board or the Attorney General files formal charges at the direction of the Supreme Court.