Standing Committee on Professional Discipline
Model Rules for Lawyer Disciplinary Enforcement
II. Procedure For Disciplinary Proceedings
Rule 32. Statute Of Limitations
Proceedings under these rules shall be exempt from all statutes of limitations.
Commentary
Statutes of limitation are wholly inappropriate in lawyer disciplinary proceedings.
Conduct of a lawyer, no matter when it has occurred, is always relevant to the question of
fitness to practice. The time between the commission of the alleged misconduct and the
filing of a complaint predicated thereon may be pertinent to whether and to what extent
discipline should be imposed, but should not limit the agency's power to investigate. An
unreasonable delay in the presentation of a charge of misconduct might make it impossible
for an attorney to procure witnesses or the testimony available at an earlier time to meet
such a charge.
Discipline and disability proceedings serve to protect the public from lawyers who are unfit to practice; they measure the lawyer's qualifications in light of certain conduct, rather than punish for specific transgressions. Misconduct by a lawyer whenever it occurs reflects upon the lawyer's fitness.
Next - RULE 33. FAILURE TO ANSWER/FAILURE TO APPEAR
