ELC 8.5 STIPULATED TRANSFER TO DISABILITY INACTIVE STATUS (a) Requirements. At any time a respondent lawyer and disciplinary counsel may stipulate to the transfer of the respondent to disability inactive status under this title. The respondent and disciplinary counsel must sign the stipulation. (b) Form. The stipulation must: (1) state with particularity the nature of the respondent’s incapacity to practice law and the nature of any pending disciplinary proceedings that will be deferred as a result of the respondent’s transfer to disability inactive status; (2) state that it is not binding on the Association as a statement of all existing facts relating to the professional conduct of the respondent and that any additional existing facts may be proved in a subsequent disciplinary proceeding; and (3) fix the amount of costs and expenses to be paid by the respondent. (c) Approval. The stipulation must be presented to the Board. The Board reviews the stipulation based solely on the record agreed to by the respondent and disciplinary counsel. The Board may either approve the stipulation or reject it. Upon approval, the transfer to disability inactive status is not subject to further review. (d) Stipulation Not Approved. If the stipulation is rejected by the Board, the stipulation has no force or effect and neither it nor the fact of its execution is admissible in any pending or subsequent disciplinary proceeding or in any civil or criminal action. [Adopted effective October 1, 2002.]
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