In re: Amendments to Rule 4(f)(4), Rule 5(b), and Rule 19(c) of the
Rules for Lawyer Disciplinary Enforcement, Rule 413, SCACR
Pursuant to Article V, § 4, of the South Carolina Constitution, the Rules for Lawyer Disciplinary Enforcement, Rule 413, SCACR, are hereby amended as follows:
(1) Rule 4(f)(4) shall state: “declare a matter closed, but not dismissed prior to the filing of formal charges and, after proper notice, to reopen a matter that has been previously closed but not dismissed.”;
(2) Rule 5(b)(8), (9), and (10) shall be renumbered as Rule 5(b)(9), (10), and (11);
(3) Rule 5(b)(8) shall state: “dismiss a matter where a lawyer subject to a pending complaint dies prior to an agreement for discipline by consent or report of the hearing panel being submitted to the Supreme Court.”;
(4) Rule 19(c)(4), (5), and (6) shall be renumbered as Rule 19(c)(5), (6), and (7); and
(5) Rule 19(c)(4) shall state: “Upon issuance of an order of interim suspension by the Supreme Court, disciplinary counsel may dispense with the usual requirement in Rule 19(b)(1) of requesting an initial response from the lawyer so suspended and the matters referenced in the petition for interim suspension shall be deemed in full investigation and a notice of that investigation shall be served and a response thereto made in accordance with the provision of Rule 19(c).”
These amendments shall take effect immediately.
IT IS SO ORDERED.
s/Jean H. Toal C.J.
s/E.C. Burnett, III J.
s/Costa M. Pleicones J.
Columbia, South Carolina
May 26, 2006