ELC 10.15
                     BIFURCATED HEARINGS


(a) When Allowed.  Upon written motion filed no later than
60 days before the scheduled hearing, either party may
request that the disciplinary proceeding be bifurcated.  The
hearing officer or panel must weigh the reasons for
bifurcation against any increased cost and delay,
inconvenience to participants, duplication of evidence, and
any other factors, and may grant the motion only if it
appears necessary to insure a fair and orderly hearing
because the respondent has a record of prior disciplinary
sanction or because either party would suffer significant
prejudice or harm.

(b) Procedure.

  (1) Violation Hearing.

     (A) A bifurcated proceeding begins with an initial
         hearing to make factual determinations and legal
         conclusions as to the violations charged, including
         the mental state necessary for the violations.
         During this stage of the proceedings, evidence of a
         prior disciplinary record is not admissible to
         prove the respondent’s character or to impeach the
         respondent’s credibility.  However, evidence of
         prior acts of misconduct may be admitted for other
         purposes, such as proof of motive, opportunity,
         intent, preparation, plan, knowledge, identity, or
         absence of mistake or accident.

     (B) At the conclusion of that hearing, the hearing
         officer or panel files findings and conclusions.

        (i) If no violation is found, the proceedings are
            concluded, the findings and conclusions are the
            decision of the hearing officer or panel, and
            the sanction hearing is canceled.

        (ii) If any violation is found, after the
             expiration of the time for a motion to amend
             under rule 10.16(c), or after ruling on that
             motion, the findings and conclusions as to
             those violations are not subject to
             reconsideration by the hearing officer.

  (2) Sanction Hearing.  If any violation is found, a
     second hearing is held to determine the appropriate
     sanction recommendation.  During the sanction hearing,
     evidence of the existence or lack of any prior
     disciplinary record is admissible.  No evidence may be
     admitted to contradict or challenge the findings and
     conclusions as to the violations.  At the conclusion of
     the sanction hearing, the hearing officer or panel
     files findings and conclusions as to a sanction
     recommendation, that, together with the previously
     filed findings and conclusions, is the decision of the
     hearing officer or panel.

  (3) Timing.  If a motion for bifurcation is granted, the
     violation hearing is held on the date previously set
     for hearing.  Upon granting a motion to bifurcate, the
     hearing officer must set a date and place for the
     sanction hearing.  Absent extraordinary circumstances,
     the sanction hearing should be held no later than 45
     days after the anticipated last day of the violation
     hearing.


[Adopted effective October 1, 2002.]