Rule 204: Kansas Board for Discipline of Attorneys; Review Committee; Hearing Panel

(a)   Kansas Board for Discipline of Attorneys. The Supreme Court will appoint 20 attorneys to serve as Board members.

(1)   Term. Each Board member is appointed for a term of four years. The Supreme Court will appoint a new member to fill a vacancy. A new member appointed to fill a vacancy serves the unexpired term of the previous member. No member may serve more than three consecutive four-year terms, except a member initially appointed to serve an unexpired term may serve three consecutive four-year terms thereafter. A Board member may return to service on the Board after a one-term break in service.

(2)   Chair and Vice-Chair. The Supreme Court will designate one Board member as chair and one Board member as vice-chair.

(b)   Review Committee. The Supreme Court will appoint three attorneys, at least two of whom must be Board members, as the review committee.

(1)   Purpose. The review committee will review each docketed complaint and direct a disposition under Rule 211(a).

(2)   Prohibited Participation. A review committee member must not participate in a hearing on a formal complaint when the committee member considered a docketed complaint under Rule 211.

(c)   Hearing Panel. The Board chair will appoint three attorneys, at least two of whom must be Board members, to conduct a hearing on a formal complaint, petition for reinstatement, or motion to revoke probation. The chair will appoint one Board member to serve as the presiding officer. The third member must be registered under Rule 206 as an active attorney.

(d)   Recusal. A review committee member and a hearing panel member must not participate in a board proceeding if a judge similarly situated would be required to recuse.

(e)   Compensation. The Supreme Court will pay Board members, review committee members, and hearing panel members compensation for their service from the disciplinary fee fund. 

(f)   Other Rules. The Board may adopt procedural rules consistent with these rules.

[History: New rule adopted effective January 1, 2021.]