ELC 10.16
            DECISION OF HEARING OFFICER OR PANEL


(a) Decision.  Within 20 days after the proceedings are
concluded, unless extended by agreement, the hearing officer
should file with the Clerk a decision in the form of
findings of fact, conclusions of law, and recommendation.

(b) Preparation of Findings.  The hearing officer or hearing
panel write their own findings of fact, conclusions of law,
and recommendations.  At the request of the hearing officer,
or without a request, either party may submit proposed
findings, conclusions, and recommendation.

(c) Amendment.

  (1) Timing of Motion.  Either party may move to
     modify, amend, or correct the decision as follows:

     (A) In a proceeding not bifurcated, within ten days of
         service of the decision on the respondent lawyer;

     (B) In a bifurcated proceeding, within five days of
         service of:

        (i) the violation findings of fact and conclusions
            of law; or

        (ii) the sanction recommendation, but this
             motion may not seek to modify, amend, or
             correct the violation findings or conclusions.

     (C) If a hearing panel member dissents from a decision
         of the majority, the five or ten day period does
         not begin until the written dissent is filed or the
         time to file a dissent has expired, whichever is
         sooner.

  (2) Procedure.  Rule 10.8 governs this motion, except
     that all members of a hearing panel must be served with
     the motion and any response and participate in a
     decision on the motion.  A panel’s deliberation may be
     conducted through telephone conference call.  The
     hearing officer or panel should rule on the motion
     within 15 days after the filing of a timely response or
     after the period to file a response under rule 10.8(b)
     has expired.  The ruling may deny the motion or may
     amend, modify, or correct the decision.

  (3) Effect of Failure To Move.  Failure to move for
     modification, correction, or amendment does not affect
     any appeal to the Board or review by the Supreme Court.

(d) Dissent of Panel Member.  Any member of a hearing panel
who dissents from the decision of the majority of the panel
should file a dissent, which may consist of alternative
findings, conclusions, or recommendation.  A dissent should
be filed within ten days of the filing of the majority’s
decision and becomes part of the record of the proceedings.

(e) Panel Members Unable To Agree.  If no two panel members
are able to agree on a decision, each panel member files
findings, conclusions, and a recommendation, and the Board
reviews the matter whether or not an appeal is filed.

(f) When Final.  If a hearing officer or panel recommends
reprimand or an admonition, or recommends dismissal of the
charges, the recommendation becomes the final decision if
neither party files an appeal and if the Chair does not
refer the matter to the Board for consideration within the
time permitted by rule 11.2(b)(3).  If the Chair refers the
matter to the Board for consideration of a sua sponte
review, the decision is final upon entry of an order
dismissing sua sponte review under rule 11.3 or upon other
Board decision under rule 11.12(g).


[Adopted effective October 1, 2002.]