Case Caption: In Re: Warren Burns, Esq.Case Number: SCT-CIV-2020-0019Date: 09/03/2020Author: Per CuriamCitation: 2020 VI 16Summary: A petition for a writ of mandamus has demonstrated that the petitioner lacks adequate means of attaining the desired relief other than a writ of mandamus, and that he possesses a clear and indisputable right to have a grievance that was filed in the year 2018 either dismissed or referred to the Preliminary Review Committee. Rule 207.9 requires that the Office of Disciplinary Counsel either dismiss a grievance or transmit it to the Preliminary Review Committee for a hearing in a timely fashion; it does not have the option to simply hold a grievance indefinitely. Because it is alleged that the Office of Disciplinary Counsel has failed to take meaningful action to substantively resolve the underlying grievance, an appeal to this Court is not an adequate alternate remedy. Since issuance of the writ is appropriate under the circumstances, the petition for writ of mandamus is granted and it is directed that the Office of Disciplinary Counsel within 14 days either dismiss the grievance or refer it to the Preliminary Review Committee.

Attachment: Open Document or Opinion