Confidentiality of AGC Investigations
While a matter is under investigation, the complainant or respondent may contact the associate counsel assigned to their file at any time. However, the associate counsel cannot comment on the specifics of the investigation (such as whether and who is being interviewed, what records have been obtained) as court rules preclude such disclosures.
Should the Commissioners dispose of a matter without the filing of a formal complaint against the respondent, the court rules prevent the Commissioners, the Grievance Administrator, or the Grievance Administrator’s staff from disclosing or discussing the matter with any person other than the complainant or respondent. Such matters can be disclosed to third parties only if the respondent authorizes disclosure.
In matters in which the Commissioners authorized the filing of a formal complaint with the Attorney Discipline Board, the request for investigation and the respondent’s answer may be viewed by interested persons. Proceedings before the Attorney Discipline Board and its hearing panels are open to the public as are the records of such proceedings. The Grievance Administrator and his staff are not permitted to disclose an attorney’s record of prior grievances which did not result in formal proceedings.