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Lack of prima facie showing of liability; outright dismissal, C4S11 CPRA

Section 11, Canon VI

SECTION 11. Lack of prima facie showing of liability; outright dismissal. – Within fifteen (15) calendar days from assignment by raffle, if the Investigating Commissioner finds no prima facie showing of liability, the Investigating Commissioner shall recommend the outright dismissal of the complaint to the Supreme Court. The Supreme Court may adopt the recommendation and dismiss the complaint outright. Otherwise, the Supreme Court shall direct the Investigating Commissioner to conduct further proceedings. (2023 Code of Professional Responsibility and Accountability or CPRA)

1. Lack of prima facie showing of liability; outright dismissal

Prima facie – means “at first view” or “on the first appearance”. (Merriam-Webster Online Dictionary)

a. 15-day

Within 15 calendar days from assignment by raffle, Investigating Commissioners are required to recommend “the outright dismissal of the complaint to the Supreme Court” if they find “no prima facie showing of liability.”

b. Supreme Court

Upon receipt of the recommendation, the Supreme Court may:

1) Adopt the recommendation and dismiss the complaint outright; or

2) Direct the Investigating Commissioner to conduct further proceedings.

References

Canon VI, 2023 Code of Professional Responsibility

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