Rule 1:20-7. Additional Rules of Procedure

(a) Nature of Proceedings Discipline and disability proceedings are neither civil nor criminal in nature.

(b) Evidence Rules Relaxed The rules of evidence may be relaxed in all disciplinary proceedings, but the residuum evidence rule shall apply.

(c) Time Limitations There are no time limitations with respect to the initiation of any discipline or disability matter.

(d) Delay Caused by Grievant Neither unwillingness nor neglect by the grievant to sign a grievance or prosecute a charge, nor settlement or compromise between the grievant and the respondent or restitution by the respondent, shall, in itself, justify abatement of the processing of any grievance.

(e) Immunity of Disciplinary and Fee Authorities Members of the Office of Attorney Ethics, the Disciplinary Review Board, Disciplinary Oversight Committee, Ethics Committees, Fee Committees, their secretaries, special ethics masters and their lawfully appointed designees and staff, shall be absolutely immune from suit, whether legal or equitable in nature, based on their respective conduct in performing their official duties. The Supreme Court shall request the Attorney General to represent disciplinary authorities in all civil or criminal litigation in state or federal courts.

(f) Immunity of Grievants, Witnesses and Others Grievants in ethics matters, clients in fee arbitration cases and witnesses and potential witnesses in both ethics and fee matters shall be absolutely immune from suit, whether legal or equitable in nature, for all communications, including testimony, only to the Office of Attorney Ethics, the Disciplinary Review Board, Disciplinary Oversight Committee, Ethics Committees, Fee Committees, their secretaries, special ethics masters and their lawfully appointed designees and staff.

(g) Immunity from Criminal Prosecution With the consent of the Attorney General, the Director, in a discipline or disability proceeding, may apply to the Supreme Court, or to an Assignment Judge designated by it, for a grant of immunity to a witness from criminal prosecution in accordance with N.J.S.A. 2A:81-17.3.

(h) Service Service on the respondent of any pleading, motion, or other document required by these rules to be served in a disciplinary or disability proceeding may be made by personal service, or by certified mail (return receipt requested) and regular mail, at the address listed in the New Jersey Lawyers' Diary and Manual or the address shown on the records of the Lawyers' Fund for Client Protection. Service on a respondent may also be made by serving respondent's counsel, if any, by regular mail or by facsimile transmission.

(i) Subpoena Power

(1) Oaths In discipline and disability matters, members of a hearing panel, special ethics masters, court reporters or ethics counsel may administer oaths and affirmations.

(2) Investigative and Hearing Subpoenas During the investigation or hearing of a matter, a subpoena may be issued in the name of the Supreme Court to compel the appearance of any person for questioning or testimony or to compel the production of books, records, documents or other items designated therein. A showing of relevance or materiality may be required before the issuance of any subpoena. The subpoena shall issue in a form approved by the Supreme Court. Investigative and hearing subpoenas may be signed by any Ethics Committee member, the presenter, ethics counsel or by the Board or its legal staff. Hearing subpoenas may also be issued by a hearing panel member, special ethics master or by the Board or its staff.

(3) Service; Fees Subpoenas shall be served within the State of New Jersey by any person 18 or more years of age by delivering a copy thereof to the person named, except that subpoenas may be served on an attorney who is a witness or a party, by certified mail, return receipt requested. No attendance fee need be paid. Service on a respondent may also be made by serving respondent's counsel, if any, by regular mail.

(4) Enforcement; Contempt Subpoenas issued under this rule may be enforced pursuant to R. 1:9-6.

(5) Standards; Quashing Subpoena; Appeals

(A) Generally The Board chair, during the investigation stage of a matter, or the hearing panel chair or special ethics master, after the filing of a complaint, may, on motion made promptly, quash or modify a subpoena if the subject testimony or documentation is patently irrelevant or if compliance would be unreasonable or oppressive.

(B) Interlocutory Appeals The determination on a challenge to a subpoena shall not be subject to interlocutory appeal, but any objection thereto will be preserved for review on appeal, if any, or on an authorized review under R. 1:20-15 and 16.

(6) Subpoena Pursuant to Law of Another Jurisdiction Whenever a subpoena is sought in this state by a foreign disciplinary authority pursuant to the law of that jurisdiction for use in a discipline or disability proceeding, and where the foreign disciplinary counsel certifies that the issuance of the subpoena has been duly approved under the law of the other jurisdiction, the Disciplinary Review Board, on petition for good cause, on notice to the Director, may issue a subpoena as provided in this rule to compel the attendance of witnesses and production of documents in this state.

(j) Grievances Against Disciplinary Agency Members

(1) Grievances Alleging Improper Processing Any grievance against Ethics Committee or Fee Committee members and secretaries, members of the Office of Attorney Ethics, hearing panels, special ethics masters or the Board, their lawfully appointed designees and staff, arising out of their processing of an ethics grievance or fee arbitration request shall be filed with and considered exclusively by the Board in connection with any appeal or other authorized review of a matter in the normal course under R. 1:20-15(e). After review, the Board shall make any appropriate direction regarding the grievance. Nothing herein shall preclude introduction of the facts which underlie the grievance in evidence in any ethics proceeding if relevant.

(2) Other Grievances Except as provided in section (1), if a grievance is filed against the Director, Office of Attorney Ethics, ethics counsel or staff, or a member of the Board or Board Counsel or staff, the matter shall be transmitted to the Clerk of the Supreme Court, who shall make any appropriate direction for processing the matter.

(k) Extension of Time; Adjournments Reasonable extensions of time and adjournments may be granted for good cause. Such requests shall be made by writing, stating with specificity the facts on which the request is based. Such requests shall be either granted or denied in writing; if granted they shall be only for a definite and reasonably short interval. The vice chair or special ethics master may grant extensions for the filing of an answer to a complaint. After the parties have been notified of the date of hearing, requests for adjournments shall be directed to the hearing panel chair or special ethics master. If such request is based on an attorney's scheduling conflict, the hearing panel chair or special ethics master should communicate with the appropriate assignment judge in order to accommodate the priority accorded disciplinary proceedings by R. 1:20-8(g).

(l) Absent or Non-responding Respondent A respondent's absence, non-responsiveness or other failure to reply or to file any document or to attend any required conference or hearing shall not delay the orderly processing of a case, provided the respondent has been properly served.

(m) Transcripts Where in a pending matter a respondent is found guilty of unethical conduct warranting reprimand, censure, suspension or disbarment, the trier of fact shall order the original transcript and shall file it, together with its report and the record of the matter, with the Board. If no finding of unethical conduct is made, the trier of fact may order the transcript only with prior permission of the Director or the Board. Where a matter is pending, a respondent may, at personal expense, order a transcript of the hearing, provided that the respondent also directs the reporter to furnish a copy of the transcript to the trier of fact. Where a matter is concluded the respondent may, at personal expense, order a transcript of the hearing. Except where a protective order has been issued pursuant to R. 1:20-9(h), any other person may order all or any part of a transcript at the individual's prepaid expense. Either the Board or the Director shall have the right to order a transcript wherever necessary.

(n) Prior Discipline or Disability Information concerning prior final discipline or disability of the respondent shall not be a matter for consideration by the trier of fact until a finding of unethical conduct has first been made, unless such information is probative of issues pending before the trier of fact. On a finding of unethical conduct the trier of fact shall request the Office of Attorney Ethics to disclose to it and to the presenter and to the respondent a summary of any orders, letters or opinions imposing temporary or final discipline or disability on the respondent. Within five days of receipt of the submission of any prior discipline or disability, either the presenter or ethics counsel or respondent may submit written argument on the issue of the effect to be given thereto.