Rule 18 Resignation by Attorney Under Investigation

(a) Permission Required. If an investigator has been appointed under Rule 10, the attorney under investigation may resign from the Bar Association only with the consent of the Supreme Court and under any terms the Court sets forth to protect the public.

(b) Requirements. An attorney wishing to resign under Rule 18 must submit a sworn written statement stating each of the following:

(1) The facts and alleged misconduct underlying the allegation (or complaint if it has been filed).

(2) The material facts in the allegation (or complaint if it has been filed) are true.

(3) There was no successful defense against the misconduct underlying the allegation (or complaint if it has been filed).

(4) The resignation is freely and voluntarily rendered.

(5) The attorney is not being subjected to coercion or duress.

(6) The attorney is fully aware of the implications of submitting the resignation.

(7) Whether or not the attorney has consulted or followed the advice of counsel in connection with the decision to resign.

(8) The attorney acknowledges the Supreme Court may take further action for the protection of the public, which may include sending copies of this statement to any jurisdiction where the attorney is admitted or to any other appropriate authorities.

(c) Procedure. If an attorney under investigation wishes to resign, the Supreme Court must notify the Committee (and prosecuting counsel if one has been appointed) and give them 15 days from that notice to provide any facts or arguments that may guide the Court’s Rule 18(a) decision. After waiting 15 days, the Court must promptly issue its order accepting or rejecting the attorney’s resignation request.

(d) Decision. If the Supreme Court grants the attorney’s request to resign, the application to resign and the order granting the request become a matter of public record.

(e) Reinstatement. An attorney who resigns under Rule 18 may petition the Supreme Court for reinstatement.