RECOMMENDATIONS AND DISPOSITION OF COMPLAINTS

(a) Circuit Committee Action. On concluding its investigation, the circuit committee will report to bar counsel regarding the disposition of those cases closed, those cases where a letter of advice has been given, those cases where a cease and desist affidavit has been accepted, those cases where a cease and desist affidavit with monetary penalty or restitution has been recommended, and those cases where litigation is recommended. A majority of those present is required for all circuit committee recommendations; however, the vote may be taken by mail, electronic means, or telephone rather than at a formal meeting. All recommendations for a cease and desist affidavit with monetary penalty or restitution must be reviewed by the standing committee for final approval. All recommendations for litigation under these rules must be reviewed by the standing committee and a designated reviewer for final approval prior to initiating litigation.

(b) Bar Counsel Objection to Action of Circuit Committee. If bar counsel objects to any action taken by the circuit committee, the action and objection will be placed before the standing committee for review at its next scheduled meeting for a vote on the final disposition of the case. Bar counsel will inform the complainant of the complaint’s disposition. Bar counsel will notify a respondent of the complaint’s disposition if the bar has contacted the respondent about the complaint.

(c) Review by Designated Reviewer. All recommendations by the standing committee that litigation be initiated must be reviewed by a designated reviewer. If the designated reviewer does not act on the recommendation within 21 days following the mailing date of the notice of standing committee action, the standing committee action will become final. If the designated reviewer disagrees with all or any part of the recommendation for litigation, the designated reviewer will make a report and recommendation to the board of governors, and the board will make a final determination regarding the litigation. Added July 23, 1992, effective Jan. 1, 1993 (605 So.2d 252). Amended June 27, 1996, effective July 1, 1996 (677 So.2d 272); amended effective March 23, 2000 (763 So.2d 1002); April 25, 2002 (820 So.2d 210); November 19, 2009, effective February 1, 2010 (SC08-1890) (34 Fla.L.Weekly S628a) ; amended July 7, 2011, effective October 1, 2011 (SC10-1968), amended November 9, 2017, effective February 1, 2018 (SC16-1961) ; amended March 3, 2022, effective May 2, 2022 (SC20-1467).