9 Rule 23 Resignation by Attorneys Under Disciplinary Investigation

A. Affidavit. An attorney who is the subject of an investigation into allegations of misconduct may submit a resignation by delivering to the Board an affidavit stating that the attorney desires to resign and that:

(1) The resignation is freely and voluntarily rendered; the attorney is not being subjected to coercion or duress, is fully aware of the implications of submitting a resignation; and

(2) The attorney is aware that there is presently pending an investigation into allegations that the attorney has been guilty of misconduct, the nature of which the attorney shall specifically set forth;

(3) The attorney acknowledges that the material facts upon which the complaint is predicated are true; and

(4) The attorney submits the resignation because the attorney knows that if charges were predicated upon the misconduct under investigation the attorney could not successfully defend against them.

B. Additional Facts. Disciplinary counsel shall submit to the Board and to the respondent a statement of facts supporting a finding of violation in addition to those in the affidavit, for consideration in any reinstatement proceeding. If a respondent objects to the statement of facts, the Court shall not accept the resignation.

C. Order. Upon receipt of the required affidavit and disciplinary counsel’s statement of facts, the Board may file them with the Court, in which case the Court shall enter an order disbarring the attorney on consent, or the Board may assign the matter to hearing panel to investigate the matter, hold a hearing, or make other inquiry.

D. Disclosure. The order disbarring the attorney on consent as well as the affidavit and statement of facts shall be a matter of public record.