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.]
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