ELC 9.1
                        STIPULATIONS


(a) Requirements.  Any disciplinary matter or proceeding may
be resolved by a stipulation at any time.  The stipulation
must be signed by the respondent lawyer and approved by
disciplinary counsel.  The stipulation may impose terms and
conditions of probation and contain any other appropriate
provisions.

(b) Form.  A stipulation must:

  (1) provide sufficient detail regarding the particular
     acts or omissions of the respondent to permit the Board
     or hearing officer to form an opinion as to the
     propriety of the proposed resolution, and, if approved,
     to make the stipulation useful in any subsequent
     disciplinary proceeding against the respondent;

  (2) set forth the respondent’s prior disciplinary
     record or its absence;

  (3) state that the stipulation is not binding on the
     Association as a statement of facts about the
     respondent’s conduct, and that additional facts may be
     proved in a subsequent disciplinary proceeding; and

  (4) fix the amount of costs and expenses to be paid by
     the respondent.

(c) Approval.

  (1) By Hearing Officer.  A hearing officer or panel
     may approve a stipulation disposing of a matter pending
     before the officer or panel, unless the stipulation
     requires the respondent’s suspension or disbarment.
     This approval constitutes a final decision and is not
     subject to further review.

  (2) By Board.  All other stipulations must be
     presented to the Board.  The Board reviews a
     stipulation based solely on the record agreed to by the
     respondent lawyer and disciplinary counsel.  The
     parties may jointly ask the Chair to permit them to
     address the Board regarding a stipulation.  Such
     presentations are at the Chair’s discretion.  The Board
     may approve, conditionally approve, or reject a
     stipulation.  Regardless of the provisions of rule
     3.3(a), the Board may direct that information or
     documents considered in reviewing a stipulation be kept
     confidential.

(d) Conditional Approval.  The Board may condition its
  approval of a stipulation on the agreement by the
  respondent and disciplinary counsel to a different
  disciplinary action, probation, restitution, or other
  terms the Board deems necessary to accomplish the
  purposes of lawyer discipline.  If the Board conditions
  approval of a stipulation, the stipulation as conditioned
  is deemed approved if, within 14 days of service of the
  order, or within additional time granted by the Chair,
  both parties serve on the Clerk written consent to the
  conditional terms in the Board’s order.

(e) Reconsideration.  Within 14 days of service of an order
rejecting or conditionally approving a stipulation, the
parties may serve on the Clerk a joint motion for
reconsideration and may ask to address the Board on the
motion.

(f) Stipulation Rejected.  The Board’s order rejecting a
stipulation must state the reasons for the rejection.  A
rejected stipulation has no force or effect and neither it
nor the fact of its execution is admissible in evidence in
any disciplinary, civil, or criminal proceeding.

(g) Failure To Comply.  A respondent’s failure to comply
with the terms of an approved stipulation may be grounds for
discipline.


[Adopted effective October 1, 2002.]