ELC 3.3 APPLICATION TO STIPULATIONS, DISABILITY PROCEEDINGS, AND DIVERSION CONTRACTS (a) Application to Stipulations. A stipulation under rule 9.1 providing for imposition of a disciplinary sanction or admonition is confidential until approved, except that a grievant may be advised concerning a stipulation and its proposed or actual content at any time. An approved stipulation is public, unless: (1) it is approved before the filing of a formal complaint; (2) it provides for dismissal of a grievance without a disciplinary sanction or admonition; and (3) proceedings have not been instituted for failure to comply with the terms of the stipulation. (b) Application to Disability Proceedings. Disability proceedings under title 8 are confidential. However, a grievant may be advised that a lawyer against whom the grievant has complained is subject to disability proceedings. The following information is public: (1) that a lawyer has been transferred to disability inactive status, or has been reinstated to active status; and (2) that a disciplinary proceeding is deferred pending supplemental proceedings under title 8. (c) Diversion Contracts. Diversion contracts and supporting affidavits and declarations under rules 6.5 and 6.6 are confidential, despite rule 3.1(b)(1), unless admitted into evidence in a disciplinary proceeding following termination of the diversion contract for material breach. When a matter that has previously become public under rule 3.1(b) is diverted by a diversion contract, that contract and the supporting documents are confidential but the fact that the matter was diverted from discipline is public information. [Adopted effective October 1, 2002.]
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