RULE 20. Failure to Answer/Failure to Appear

(a)  Failure to Answer. Failure to answer charges filed shall constitute an admission by the respondent of the factual allegations and the misconduct alleged in the formal charges.

(b)  Failure to Appear. If the respondent fails, without good cause, to appear at a disciplinary proceeding, the respondent shall be deemed to have admitted the factual and misconduct allegations that were to be the subject of such appearance, and/or to have waived objection to any motion or recommendations to be considered at such appearance. The Grievance Commission panel or Board may not, absent good cause, continue or delay proceedings due to the respondent's failure to appear.


Reporter’s Notes – June 2015

Rule 20(a) corresponds to Model Rule 33(A), and by adding language concerning an adoptive admission of the alleged misconduct by a respondent’s failure to answer charges, it is an adoption of former Maine Bar Rule 7.1(e)(1).

Rule 20(b) is based on Model Rule 33(B) and is not specifically covered in former Maine Bar Rule 7.1(e)(1). The committee determined that a respondent’s failure to appear in a disciplinary proceeding was a serious problem that should be addressed by the rules.