Supreme Court of South Carolina.
December 13, 2001.
ORDER
Pursuant to Article V, § 4, of the South Carolina Constitution, Rule 33(g), Rules for Lawyer Disciplinary Enforcement, Rule 413, South Carolina Appellate Court Rules, is amended to provide that when a petition for reinstatement is withdrawn after the Committee on Character and Fitness begins a hearing, the lawyer must wait two years from the date the petition is withdrawn to reapply for reinstatement.
Rule 33(g), as amended, reads as follows:
(g) Action by Committee on Character and Fitness. Within 180 days of the matter being referred to the Committee on Character and Fitness, the Committee shall conduct a hearing. If the petition for reinstatement is withdrawn after the start of the hearing, the lawyer must wait two years from the date the petition is withdrawn to reapply for reinstatement.
At the hearing before the Committee, the lawyer shall have the burden of demonstrating by clear and convincing evidence that the lawyer has met each of the criteria in paragraph (f) above. The chair of the Committee, or any other member of the Committee as the chair may designate, may issue subpoenas to compel the attendance of witnesses and the production of pertinent books, papers and documents. The willful failure to comply with a subpoena issued under this rule may be punished as contempt of the Supreme Court. Upon proper application, the Supreme Court may enforce the attendance and testimony of any witness and the production of any documents subpoenaed. The hearing shall be open to the public. Disciplinary Counsel shall be allowed to present evidence and make arguments to the Committee. The Committee shall file a report with the Supreme Court containing its findings and recommendations.
The Committee on Character and Fitness may promulgate rules and regulations governing practice and procedure before the Committee. These rules and regulations shall become effective when approved by the Supreme Court.
This amendment shall be effective immediately.
S/ Jean H. Toal, C.J.
S/ James E. Moore, J.
S/ John H. Waller, Jr., J.
S/ E.C. Burnett, III, J.
S/ Costa M. Pleicones, J.