Section 4 - Disciplinary CounselA.Appointment. The board shall appoint, with the approval of this court, a lawyer admitted to practice in the state to serve as disciplinary counsel. Neither the chief disciplinary counsel nor full-time staff disciplinary counsel shall engage in private practice.B.Powers and Duties. Disciplinary counsel shall perform all prosecutorial functions and have the following powers and duties: (1) To screen all information coming to the attention of the agency to determine whether it concerns a lawyer subject to the jurisdiction of the agency because it relates to misconduct by the lawyer or to the incapacity of the lawyer;(2) To investigate all information coming to the attention of the agency which, if true, would be grounds for discipline or transfer to disability inactive status and investigate all facts pertaining to petitions for reinstatement or readmission, reserving unto disciplinary counsel the authority and discretion to refer matters before or after investigation to the Practice Assistance and Improvement Program administered by the Louisiana State Bar Association and approved by the Supreme Court;(3) To dismiss or recommend probation, admonition, the filing of formal charges, or the petitioning for transfer to disability inactive status with respect to each matter brought to the attention of the agency;(4) To prosecute before hearing committees, the board, and the court discipline, reinstatement and readmission proceedings, and proceedings for transfer to or from disability inactive status;(5) To employ and supervise staff needed for the performance of prosecutorial functions;(6) To notify promptly the complainant and the respondent of the disposition of each matter;(7) To notify each jurisdiction in which a lawyer is admitted of a transfer to or from disability inactive status, reinstatement, readmission, or any public discipline imposed in this state;(8) To seek reciprocal discipline when informed of any public discipline imposed in any other jurisdiction;(9) To forward a certified copy of the judgment of conviction to the disciplinary agency in each jurisdiction in which a lawyer is admitted when the lawyer is convicted of a serious crime (as hereinafter defined) in this state;(10) To maintain permanent records of discipline, disability and diversion matters, subject to the record destruction requirements of Section 4(B)(11), and compile statistics to aid in the administration of the system, including but not limited to a single log of all complaints received, investigative files, statistical summaries of docket processing and case dispositions, transcripts of all proceedings (or the reporter's notes if not transcribed), and other records as the board or court requires to be maintained.(11) To destroy after three years all records or other evidence of the existence of complaints terminated by dismissals, except that upon disciplinary counsel's application, notice to respondent, and a showing of good cause, the board may permit disciplinary counsel to retain such records for one additional period of time not to exceed three years.(i) Notice to Respondent. If the respondent was contacted by the disciplinary counsel concerning the complaint, or the disciplinary counsel otherwise knows that the respondent is aware of the existence of the complaint, the respondent shall be given prompt written notice of the destruction of the records of that complaint.(ii) Effect of File Destruction. After a file has been destroyed, any agency response to an inquiry requiring a reference to the matter shall state that there is no record of such matter. The respondent may answer any inquiry requiring a reference to a matter where the records were destroyed by stating that there is no record of any such charges.(12) To undertake, pursuant to directions from the board, whatever investigations are assigned to disciplinary counsel.(13) To issue investigatory subpoenas for the attendance of the respondent or witnesses to take testimony, and/or for the production of pertinent records, photographs, bank documents, any digital or electronic information, no matter where or how stored, and any information technology equipment, including, but not limited to, computers, tablets, cellular telephones, and storage devices.(14) When disciplinary counsel seeks to take a sworn statement from a witness, including the respondent, whether by voluntary appearance or pursuant to subpoena, such witness shall be entitled to have his or her attorney present. The witness, including the respondent, may consult with his or her attorney, but such attorney may not ask questions or otherwise participate in the taking of the statement.§4 last amended effective 3/30/2015; amended April 25, 2019, effective 5/15/2019.