A. Felony Conviction. A lawyer shall be suspended after the disciplinary clerk's receipt of proof of the lawyer's conviction of a felony under either state or federal law, regardless of the pendency of post conviction motions or an appeal, unless within ten (10) days of the clerk's receipt of proof of the conviction the member files with the presiding disciplinary judge a verified motion showing good cause why the suspension should not be entered. The presiding disciplinary judge may permit the lawyer to present oral argument in support of the lawyer's motion and shall promptly grant or deny it. If the motion is denied, the lawyer shall be suspended as of the date the motion is denied. If the motion is granted, the lawyer shall not be suspended pending completion of a disciplinary proceeding based on such conviction.

B. Serious Misdemeanor Conviction. A lawyer convicted of a serious crime other than a felony may be suspended, upon motion of bar counsel, pending final disposition of a disciplinary proceeding predicated upon the conviction. Within ten (10) days of bar counsel filing a motion, respondent may file with the presiding disciplinary judge a verified response showing good cause why respondent should not be suspended. The presiding disciplinary judge may permit respondent to present oral argument in support of the respondent's response and shall promptly grant or deny the motion. If the motion is granted, the lawyer shall be suspended as of the date of such order.

C. Reinstatement. If a lawyer suspended solely under the provisions of sections (A) or (B) demonstrates that the underlying conviction has been reversed or vacated, the order for interim suspension shall be vacated and the lawyer placed on active status. The vacating of the interim suspension will not automatically terminate any proceeding then pending against the lawyer, the disposition of which shall be determined on the basis of the available evidence.

A. Service of Motion; Response. Upon filing of the motion, the presiding disciplinary judge shall issue an order requiring bar counsel to serve the motion and the presiding disciplinary judge's order on respondent. The motion and order shall be served within five (5) days, as appropriate under Rule 47(c), including service by certified mail/delivery restricted to addressee in addition to regular first class mail, sent to the last address provided by respondent to the state bar's membership records department pursuant to Rule 32(c)(3). Respondent shall file a response to the motion within ten (10) days of service of the motion.

B. Hearing. After receiving the response or after the time for filing a response has passed, the presiding disciplinary judge may rule on the motion or order an evidentiary hearing. If an evidentiary hearing is ordered, it shall be held within ten (10) days of the order. The state bar shall have the burden of establishing probable cause that the basis of the requested relief exists and that interim suspension is appropriate. The presiding disciplinary judge is not bound by common law or rules of evidence or by technical or formal rules of procedure and may conduct the hearing in any manner that will achieve substantial justice. Respondent shall have the right to present evidence, cross-examine witnesses, and be represented by counsel. Within five (5) days after the matter is deemed submitted or a hearing is held, the presiding disciplinary judge shall file a decision and an order.

C. Interim Probation. The presiding disciplinary judge may order interim probation terms in lieu of interim suspension. The state bar shall be responsible for monitoring the respondent's compliance with any order of interim probation entered under these rules. The state bar may seek relief from material violations of the terms of probation by filing with the presiding disciplinary judge a motion supported by affidavit setting forth sufficient grounds. The state bar shall have the burden of proving by a preponderance of the evidence a material violation. The presiding disciplinary judge may hold a hearing promptly to determine whether a violation occurred, and whether the interim probation should be reaffirmed, modified, or revoked, or whether interim suspension should be imposed.

D. Status Review. After the entry of an order of interim suspension or interim probation, the state bar must expeditiously proceed with any related disciplinary investigation and proceeding. The presiding disciplinary judge may order any necessary measures, including but not limited to setting deadlines and holding regular status reviews, to ensure the state bar's compliance with this provision.