(a) Appointment of Disciplinary Clerk and Maintenance of Files
The Executive Secretary of the Alabama State Bar shall appoint, subject to approval of the Board of Bar Commissioners of the Alabama State Bar, a Disciplinary Clerk and such Deputy Clerks as the Executive Secretary may from time to time deem appropriate. The Disciplinary Clerk shall have such qualifications as the Board of Bar Commissioners deems appropriate, and shall be responsible for maintaining formal and informal opinions of the Office of General Counsel and the Disciplinary Commission; accepting the filing of grievances, charges issued by the Disciplinary Commission, and pleadings or other papers filed with the Disciplinary Commission, the Disciplinary Board, the Board of Disciplinary Appeals, or the Prediscipline Diversion Board; issuing process and preparing and maintaining records of each disciplinary proceeding; and performing such other duties as are assigned by the Board of Bar Commissioners. The Disciplinary Clerk shall permanently maintain the files of all matters concluded by discipline and shall maintain all other matters relating to discipline or prediscipline diversion (including but not limited to complaints and investigations) for a period of not less than six (6) years.

(b) Destruction of Files
All files relating to a complaint terminated by a dismissal shall be expunged from the files of the Alabama State Bar after six (6) years have elapsed from the date of dismissal. The term “expunge” shall mean that all files or other evidence of the existence of the complaint shall be destroyed, except that the Alabama State Bar may keep a docket showing the names of each respondent and complainant, the final disposition, and the date all files relating to the matter were expunged. After a file has been expunged, any Alabama State Bar response to an inquiry requiring a reference to the matter shall state that any files the Alabama State Bar may have had of such matter have been expunged pursuant to the Rules of Disciplinary Procedure and that no inference adverse to the respondent is to be drawn on the basis of the incident in question.

(c) Extension of Time of Destruction
Upon application to the Disciplinary Commission by the General Counsel, for good cause shown and with notice to the respondent and opportunity to be heard, files that would otherwise be expunged under paragraph (b) of this rule may be retained for an additional period not to exceed three (3) years, as the Disciplinary Commission deems appropriate.

(d) Local Grievance Committee
A local grievance committee shall maintain files of each complaint filed with it or investigated by it for a period of not less than six (6) years. A file relating to a complaint terminated by dismissal shall be expunged as provided in (b) above.
If the Disciplinary Commission extends the period of retention of a file beyond the six-year period, a local grievance committee may likewise retain the file for the period specified by the Disciplinary Commission.

(e) Official Court File
The Disciplinary Clerk will be responsible for maintaining an official court file containing all pleadings and other documents filed with the Disciplinary Board, the Disciplinary Commission, the Board of Disciplinary Appeals, and the Prediscipline Diversion Board in connection with any formal proceeding pending before those boards under these Rules.

“Note from the reporter of decisions: The order amending Rule 32(a) and (e), effective August 1, 2000, is published in that volume of Alabama Reporter that contains Alabama cases from ____So.2d.”

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