Rule 85 - Board of Governors Authorized to Establish Clients' Security Fund1. Establishment. The board of governors shall maintain, from dues paid by members of the state bar, voluntary contributions and any other sources which may become available, a clients' security fund for the purpose of providing reimbursement, in whole or in part, as a matter of grace and not of right, to persons who have sustained loss by reason of a dishonest act of a member of the state bar, acting in his or her capacity as an attorney and counselor at law, in the nature of defalcation or embezzlement of money or the wrongful taking or conversion of money, property or other things of value, and shall provide for the administration of such fund. The board of governors is authorized to invest such funds as is provided for in paragraph 11 of Rule 84.2. Confidentiality. The clients' security fund shall maintain the confidentiality of claims for reimbursement, as well as its investigations, proceedings and reports related to claims for reimbursement. After payment of a claim for reimbursement has been authorized, the clients' security fund may publicize the nature of the claim, the amount of reimbursement, and the name of the lawyer. The name and the address of the claimant shall not be publicized by the clients' security fund unless specific written permission has been granted by the claimant. This rule shall not be construed to: (a) Limit the clients' security fund from revealing information reasonably necessary to the investigation of claims;(b) Deny access to relevant information by professional discipline agencies or other law enforcement authorities as the clients' security fund shall authorize; (c) Prevent the release of statistical information that does not disclose the identity of the lawyer or the parties; or (d) Limit the use of such information as is necessary to pursue the clients' security fund subrogation rights.3. Immunity. The clients' security fund members and bar staff shall be immune from civil liability for all acts in the course of their official duties, except acts involving intentional misconduct. 4. Subpoena power. In conducting investigations and hearings pertaining to a claim, the chairperson of the clients' security fund or his/her designee may issue subpoenas to compel the attendance of witnesses to testify before the clients' security fund and served in the same manner as subpoenas issued out of the district court. In case of the refusal of any witness to attend or testify or produce any papers required by the subpoena, the clients' security fund may seek enforcement in the district court in and for the county in which the hearing is pending by petition. The district court may enforce a subpoena to compel the attendance and testimony within this State and/or for the production of books, papers and documents upon conditions determined by the court so as to make the clients' security fund proceedings fair, expeditious and cost effective. As amended; effective 12/11/1991; effective 3/9/2012; amended effective 7/1/2021.