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.]