Local Rule L.R. 83-6.10: Disbarment on Consent in this Court

N.D. Ind. L.R. 83-6.10 Disbarment on Consent in this Court

(a) How to Consent to Disbarment. An attorney who is the subject of pending disciplinary proceedings in this court may consent to disbarment from the court's bar by delivering to the clerk an affidavit stating that the attorney:

(1) freely and voluntarily consents to disbarment;

(2) is not subject to coercion or duress;

(3) fully understands the implications of consenting to disbarment;

(4) knows that he or she is the subject of pending disciplinary proceedings;

(5) knows the alleged material facts—which must be set forth in the affidavit—that provide the grounds for discipline;

(6) acknowledges that the material facts are true; and

(7) consents to disbarment because if required to mount a defense in the disciplinary proceedings, the attorney could not do so successfully.

(b) Clerk's Duties. The clerk must submit the affidavit to the chief judge to enter an order disbarring the attorney.

(c) Access to Order and Affidavit. The order disbarring the attorney is a public record. But the affidavit may only be publicly disclosed or made available for use in another proceeding by court order.