LEGAL PROBLEMS IN THE SUPERVISION OF LAWYER ETHICS CASES IN COMPLIANCE WITH THE ADMINISTRATIVE PROCEDURE ACT

Abstract

               This research aimed to examine the legal issues concerning the control of lawyer disciplinary cases that are inconsistent with the standards prescribed by the law on administrative procedures, and to propose appropriate solutions to these problems. The study was primarily qualitative in nature, involving the collection, review, and analysis of various sources, including constitutional provisions, laws, academic articles, books, research papers, and theses.
            The findings revealed that legal problems arise from Section 8 of the Regulations of the Lawyers Council on Lawyer Disciplinary Proceedings B.E.2546 (2003), which contains provisions that are inconsistent, insufficiently strict, or lacking in standards to prevent an investigating committee member with a conflict of interest from participating in the adjudication of lawyer disciplinary cases. This contradicts the Ministerial Regulation Prescribing Other Circumstances Where an Official Shall Not Conduct an Administrative Proceeding B.E.2566 (2023), issued under Section 13 (6) of the Administrative Procedure Act B.E.2539 (1996). As a result, parties or accused lawyers are deprived of the protection of their rights or the minimum guarantee of fairness stipulated under the Administrative Procedure Act B.E. 2539 (1996). This has caused serious adverse effects on the standard of fairness in administrative adjudication by administrative agencies and has led to legal problems concerning conflicts of interest in lawyer disciplinary cases.
            The researcher recommends amending Section 8 of the Regulations of the Lawyers Council on Lawyer Disciplinary Proceedings B.E.2546 (2003) by repealing the existing Section 8 and replacing it with a new provision. The new Section 8 should stipulate that members of the investigating committee may be challenged on grounds comparable to those prescribed in the Ministerial Regulation Prescribing Other Circumstances Where an Official Shall Not Conduct an Administrative Proceeding B.E.2566 (2023), issued under Section 13 (6) of the Administrative Procedure Act B.E.2539 (1996).