(a) Referral to diversion. In a matter involving less serious misconduct under Rule 11-551, upon receiving a Complaint and before the matter is submitted to a screening panel, the Respondent may have the option of electing to have the matter referred to diversion, the appropriateness of which the OPC will determine.
(b) Authority and responsibility. The OPC may negotiate and execute diversion contracts, assign monitoring to a Lawyer or assistance program, determine if the Lawyer complied with the diversion contract, determine if the Lawyer fulfilled or materially breached the diversion contract, and adopt such policies and procedures as may be appropriate to accomplish its duties. The OPC has authority to establish committees of volunteer attorneys and other professionals for the specific purpose of monitoring the compliance of any attorney under diversion and reporting compliance to the OPC.
(c) Notice to Complainant. The OPC will notify the Complainant, if any, of the proposed decision to refer the Respondent to diversion, and the Complainant may submit written comments. The Complainant will be notified when the Complaint is diverted and when the Complaint is dismissed. All notices will be sent to the Complainantís address according to the OPCís records. Such decision to divert or dismiss is not appealable.
(d) Effect of not participating in diversion. The Respondent has the right to decline to participate in diversion. If the Respondent chooses not to participate in diversion, the matter proceeds under these rules.
Effective December 15, 2020