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.]