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Kansas Judicial Branch

Clerk of the Appellate Court
Kansas Judicial Center
301 SW 10th Avenue, Room 107
Topeka Kansas 66612-1507
Telephone:  785.296.3229
Fax:  785.296.1028
Email: appellateclerk@kscourts.org

Rules Adopted by the Supreme Court


Internal Operating Rules of the Kansas Board for Discipline of Attorneys

D. Pre-Hearing and Formal Hearing Procedures

(Rule 204, 210, 211, 212, 224)

D.1. Following a probable cause finding by the Review Committee and at least 10 days before the hearing on the Formal Complaint, all questions relating to procedure, pre-hearing matters, objections to the notice of hearing or composition of the Panel, jurisdictional matters relating to the hearing, or anything else relating to the disciplinary proceeding shall be made by motion in writing to each Hearing Panel member and opposing counsel. The Presiding Officer, after consultation with the other Hearing Panel members, shall rule on the motions presented and notify the parties of the Hearing Panelís decision.

D.2. Continuance of a scheduled hearing is disfavored except on valid showing of extreme circumstances requiring the hearing to be continued.

D.3. The Presiding Officer of the Hearing Panel shall rule on all motions and objections presented during the hearing.

D.4. Except as provided by Rule 216(d) no discovery shall be permitted.

D.5. Any Hearing Panel member may question any witness or counsel at any time during the hearing.

D.6. The hearing is a formal proceeding which shall be conducted in a judicious manner pursuant to Supreme Court Rule 161. All parts of the hearing shall be on the record.

D.7. All witnesses shall be allowed to remain in the hearing room unless the Respondent or the Disciplinary Administrator requests before the start of the hearing that the witnesses be excluded from the hearing room except while testifying. The complaining witness and an investigator of the Disciplinary Administrator shall be allowed to remain in the hearing room during presentation of all matters if requested by the Disciplinary Administrator and if approved by the Presiding Officer.

D.8. The Respondent when called as a witness by him/herself may testify in either question-and-answer form or by a narrative statement. In either event, the Respondent shall be subject to cross-examination and interrogation.

D.9. Briefs and suggested findings of fact and conclusions of law are not normally allowed or required but may be requested by the Hearing Panel in very unusual circumstances.

D.10. Copies of any document, pleading, or exhibit presented to a Hearing Panel shall be presented to each Hearing Panel member, opposing counsel, the research attorney for the Hearing Panel, and the court reporter.

D.11. Respondents and their attorneys shall acquaint themselves with these Rules and the Rules of the Supreme Court relating to disciplinary matters. All parties are expected to present their case in an expeditious manner. All exhibits intended to be introduced may be marked and presented to the Hearing Panel members in advance of the hearing to expedite the hearing process.

D.12. At the discretion of the Hearing Panel or upon a showing of good cause by either party, a pre-hearing conference may be ordered for the purpose of obtaining admissions or otherwise narrowing the issues presented by the pleadings. The conference shall be held before the Presiding Officer of the Hearing Panel or another member of the Hearing Panel designated by the Presiding Officer.

D.13. All disciplinary and reinstatement hearings are open to the public and the press in the same manner as a district court proceeding. A hearing may be closed only pursuant to Kansas City Star Co. v. Fossey, 230 Kan. 240, 630 P.2d 1176 (1981), and Rule 1001.

See also: Rule 1001 - Electronic and Photographic Media Coverage of Judicial Proceedings