RULE 4.2. DISCIPLINE BY CONSENT.
Effective Date: 7/1/1999
Obsolete Date: 3/1/2017
A. Hearing Panel Approval. A lawyer may tender a conditional admission in exchange for a stated form of discipline. The tendered admission must be submitted to counsel and approved or rejected by the hearing panel, subject to final approval or rejection by the court if the stated form of discipline includes disbarment or suspension. If the stated form of discipline is rejected by the hearing panel, the admission must be withdrawn and cannot be used against the lawyer in any subsequent proceedings. After approval by the hearing panel of the proposed discipline and, if required, by the court, the final order of discipline must be entered in accordance with the conditional admission tendered.
B. Stipulation of Consent. A lawyer who consents to a stated form of discipline, or disciplinary counsel, shall present to the hearing panel a stipulation, signed by the lawyer and disciplinary counsel, stating that the lawyer desires to consent to the discipline and that:
(1) Consent is freely and voluntarily rendered; there is no coercion or duress; the lawyer is fully aware of the implications of the consent;
(2) The lawyer is aware that there is presently pending an investigation into, or a proceeding involving, allegations that grounds for discipline exist, the nature of which must be specifically set forth;
(3) The lawyer acknowledges that the material facts are true; and
(4) The lawyer knows that the charges cannot be successfully defended.
C. Order of Discipline. If the discipline by consent is a reprimand or consent probation, or a combination of both, the hearing panel shall enter the order. In all other instances in which proposed discipline has been consented to and approved, the court shall enter the order disciplining the lawyer on consent. The stipulation may be sealed only by order of the court.
[Amended effective July 1, 1999. Adopted effective January 1, 1995.]
Rule 4.2 was adopted effective January 1, 1995; amended effective July 1,1999; March 1, 2017.
Section A was amended effective March 1, 2017 to relate to submission of a conditional admission to a hearing panel.
Section B was amended effective March 1, 2017 to provide for resolution of a disciplinary matter by stipulation at any time after investigation and an opportunity for any complainant to have been heard and to describe the elements of the stipulation, including an acknowledgment by the lawyer of the waiver of certain, described procedural rights.
New Section C was created effective March 1, 2017 to set out the contents of the stipulation.
Section C was amended effective March 1, 2017 to become new Section D and describe approval of a stipulation by the inquiry committee, disciplinary board, or court.
New Section E was created effective March 1, 2017 to require that an order rejecting a stipulation must state the reasons for the rejection, to provide that a rejected stipulation has no force or effect, and to provide that the rejected stipulation is not admissible in any disciplinary, civil, or criminal proceeding.
New Section F was created effective March 1, 2017 to provide that failure to comply with an approved stipulation may be grounds for discipline.