As amended through October 31, 2024
Section 14 - Subpoena PowerA.Oaths. Any member of the board or of a hearing committee in matters before it, disciplinary counsel in matters under investigation by him or her, and any person authorized by law may administer oaths and affirmations.B.Investigatory Subpoenas. Before formal charges have been filed, disciplinary counsel may compel by subpoena the attendance of respondent and witnesses, and the production of pertinent records, documents, photographs, bank records, 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. Such subpoenas may be served in accordance with Section 13 of these rules.C.Subpoenas for Deposition or Hearing. After formal charges are filed, disciplinary counsel or respondent may, in accordance with appropriate rules of Louisiana Civil Procedure, compel by subpoena the attendance of witnesses and the production of pertinent information at a deposition or hearing under these rules.D.Enforcement of Subpoenas. The appropriate court of general jurisdiction of the parish in which the attendance or production is required may, upon proper application, enforce the attendance and testimony of any witnesses and the production of any documents subpoenaed.E.Quashing Subpoenas. Any attack on the validity of a subpoena shall be heard and determined by the chair of a hearing committee or by the court wherein enforcement of the subpoena is being sought. An appeal of the action of the chairperson may be taken to the chair of another hearing committee designated by the board, who shall approve or reject the action of the first hearing committee chair. The decision of the second hearing committee chair shall be final within the agency. Any resulting order is not appealable prior to entry of a final order in the proceeding.F.Witnesses and Fees. Subpoena and witness fees and mileage shall be the same as those provided for in civil proceedings.G.Subpoena Pursuant to Law of Another Jurisdiction. Whenever a subpoena is sought in this state pursuant to the law of another jurisdiction for use in lawyer discipline or disability proceedings, the chair of the board, upon petition for good cause, may issue a subpoena as provided in this section to compel the attendance of witnesses and production of documents.H.Copy of Statement. Except for good cause shown, a respondent who has given a sworn statement to disciplinary counsel shall be entitled to a copy of the statement upon request and at the respondent's cost.Amended effective 1/13/2015; amended April 25, 2019, effective 5/15/2019.