When there is evidence of a violation, or if there is a question as to whether a violation occurred, then the complaint will be reviewed by the Investigative Panel. When the Investigative Panel issues formal charges against the lawyer, a Hearing Panel Subcommittee will preside over a public hearing. The Hearing Panel Subcommittee usually consists of three members of the Lawyer Disciplinary Board, one of whom must be a non-lawyer. The procedure in disciplinary hearings is similar to that in non-jury court trials. A record is kept by a reporter.
Testimony is given under oath.
The rules of evidence are observed. Attendance of witnesses may be compelled by subpoena. The hearing is open to the public and proceedings before the Board thereafter are public. Based upon the facts developed at the hearing before it, the Board may decide that the accused attorney should be disciplined or it may decide that discipline is not warranted and recommend dismissal of the complaint. The decision of the Board is made in the form of written findings and recommendations, which are served upon the accused attorney and must be filed with the Supreme Court of Appeals.