ELC 12.4
                    DISCRETIONARY REVIEW


(a) Decisions Subject to Discretionary Review.  Board
decisions under rule 11.12(e) not recommending suspension or
disbarment are subject to Supreme Court review only through
discretionary review.  The Court accepts discretionary
review only if:

  (1) the Board’s decision is in conflict with a Supreme
      Court decision;

  (2) a significant question of law is involved;

  (3) there is no substantial evidence in the record to
      support a material finding of fact on which the Board’s
      decision is based; or

  (4) the petition involves an issue of substantial
      public interest that the Court should determine.

(b) Petition for Review.  Either party may seek
discretionary review by filing a petition for review with
the Court within 25 days of service of the Board’s decision.

(c) Content of Petition; Answer; Service; Decision.  A
petition for review should be substantially in the form
prescribed by RAP 13.4(c) for petitions for Supreme Court
review of Court of Appeals decisions.  References in that
rule to the Court of Appeals are considered references to
the Board.  The appendix to the petition or an appendix to
an answer or reply may additionally contain any part of the
record, including portions of the transcript or exhibits, to
which the party refers.  RAP 13.4(d) – (h) govern answers
and replies to petitions for review and related matters
including service and decision by the Court.

(d) Acceptance of Review.  The Court accepts discretionary
review of a Board decision by granting a petition for
review.  Upon acceptance of review, the same procedures
apply to matters subject to appeal and matters subject to
discretionary review.


[Adopted effective October 1, 2002.]