(a) Appointment. Subject to approval by the Court of Appeals, the Commission shall appoint an attorney as Bar Counsel. Before appointing Bar Counsel, the Commission shall notify bar associations and the general public of the vacancy and consider any recommendations that are timely submitted. Bar Counsel shall serve at the pleasure of the Commission and shall receive the compensation set forth in the budget of the Commission.
(b) Powers and Duties. Subject to the supervision and approval, if required, of the Commission, Bar Counsel has the powers and duties to:
(1) investigate professional misconduct or incapacity on the part of an attorney;
(2) issue subpoenas as provided by Rule 19-712;
(3) enter into and implement Conditional Diversion Agreements, issue notices, recommend letters of cautionary advice or letters of admonition, and propose reprimands;
(4) file statements of charges, participate in proceedings before Peer Review Panels, and prosecute all disciplinary and remedial proceedings;
(5) file and prosecute petitions for disciplinary and remedial actions in the name of the Commission;
(6) monitor and enforce compliance with all disciplinary and remedial orders of the Court of Appeals;
(7) investigate petitions for reinstatement and applications for resignation from the practice of law and represent the Commission in those proceedings;
(8) initiate, intervene in, and prosecute actions to enjoin the unauthorized practice of law;
(9) employ attorneys, investigators, and staff personnel as authorized by the Commission at the compensation set forth in the Commission's budget;
(10) discharge any employee;
(11) maintain dockets and records of all papers filed in disciplinary or remedial proceedings;
(12) make reports to the Commission;
(13) consult with the State and local bar associations, public and private support groups, and other appropriate persons in an effort to identify programs or services that can (A) serve as a resource to assist attorneys who may come before Bar Counsel, the Commission, or the Court of Appeals, and (B) be considered when recommending or determining an appropriate disposition of complaints or charges against those attorneys. Those resources may include (A) treatment for emotional distress, mental disorders or disability, or dependence on alcohol, drugs, or other intoxicants, (B) assistance in law office management, including mentoring, accounting, bookkeeping, financial, and other professional assistance relevant to the handling of client or third-party funds, calendaring events and time deadlines, and other professional or business requirements related to the practice of law, and (C) monitoring services when required by Bar Counsel, the Commission, or the Court of Appeals; and
Committee Note: Subsection (b)(13) does not require Bar Counsel or the Commission to create or fund any of these programs or services or to require or recommend their use in any particular case. The Rules Committee is advised that programs and services of this kind do exist or can be created. The Committee believes that identifying those that are reliable and available may permit a more effective disposition in particular cases by Bar Counsel, the Commission, and the Court of Appeals.
(14) perform other duties prescribed by the Commission, this Chapter, and the Rules in Title 19, Chapter 400 (Attorney Trust Accounts).