Local Rule Rule 84.9: DISBARMENT ON CONSENT WHILE UNDER DISCIPLINARY INVESTIGATION OR PROSECUTION

Rule 84.9 DISBARMENT ON CONSENT WHILE UNDER DISCIPLINARY INVESTIGATION OR PROSECUTION

(a) Consent to Disbarment. A respondent-attorney admitted to practice before this Court who is the subject of an investigation into, or a pending proceeding involving allegations of misconduct before this Court, may consent to disbarment by delivering to this Court an affidavit stating the attorney desires to consent to disbarment and that:

(1) the attorney's consent is freely and voluntarily rendered;

(2) the attorney is not being subjected to coercion or duress;

(3) the attorney is fully aware of the implications of consenting;

(4) the attorney is aware of a presently pending investigation or proceeding involving allegations that constitute grounds for the attorney's discipline, the nature of which the attorney shall specifically set forth;

(5) the attorney acknowledges the material facts alleged are true, unless such acknowledgment involves the admission of a crime; and

(6) the attorney consents because the attorney knows he or she could not successfully defend himself or herself against the charge(s).

(b) Receipt of Affidavit. Upon receipt of the required affidavit, this Court shall enter an order disbarring the attorney.

(c) Order Disbarring Attorney. The order disbarring the attorney on consent shall be a matter of public record. However, the affidavit required under the provisions of this Rule shall not be publicly disclosed or made available for use in any other proceeding, except upon order of this Court.