Effective January 1, 1984
As Amended Through May 15, 1999
RULE 10. PLEAS OF NOLO CONTENDERE, ADMISSIONS
AND IRREVOCABLE RESIGNATIONS
(a) Any time after the filing of the Formal Complaint, either the Complaint Tribunal
or the Court may, in its discretion, accept pleas of nolo contendere and admissions. Upon
acceptance, the proceedings may terminate, but nothing contained herein shall prevent the
further receipt of evidence for purposes of determining the final disposition to be made under Rule 8, above.
(b) Irrevocable resignations may be tendered to the Court or Complaint Tribunal at
any time after Complaint Counsel's receipt of a complaint.
Procedure
(10.1) Submission and Effect. The entity to which pleas, admissions or irrevocable
resignation are submitted shall direct what proceedings, if any, shall be had thereafter. If the
Tribunal enters an opinion and judgment based upon a plea of nolo contendere, admission,
or irrevocable resignation, the sole question to be presented by any appeal shall be the extent
or absence of discipline.
(10.2) Pleas of Nolo Contendere - Contents. Such pleas need not address the factual
matters alleged on the Formal Complaint. If accepted, a plea of nolo contendere shall be
considered tantamount to proof of guilt on the matters charged for purposes of determining
the discipline to be imposed or the disposition to be made.
(10.3) Admissions - Contents. Admissions shall fully address the factual matters
alleged in the Formal Complaint, shall set out that the attorney could not defend himself on
the matters admitted, and that the attorney submits to discipline on the matters admitted.
(10.4) Acceptance - Discretionary. Acceptance of a nolo contendere plea or an
admission shall be discretionary. Such discretion shall include the right to accept a nolo
contendere plea of the Formal Complaint and admission to the remainder.
(10.5) Irrevocable Resignation - Contents and Effect. An attorney may tender an
irrevocable resignation to either the Court or the Tribunal. Such a resignation shall
acknowledge each and all disciplinary matters then pending, provide the docket number or
numbers, state that the attorney does not desire to defend, and request permission to resign
with prejudice from the Bar. Upon receipt of such a resignation, and any response that the
Bar may elect to file, the disciplinary proceedings shall terminate and either the Court or the
Tribunal shall enter its order accepting the resignation, revoking the attorney's license, and
barring forever thereafter the attorney's right to seek reinstatement to the privilege of
practicing law in this state. Such a resignation and order shall be considered disciplinary
action, and the resignation shall be considered tantamount to the proof of guilt on the matter
charged.
(10.6) The purpose of sections 10.1 through 10.5 is to provide a prompt, speedy,
knowledgeable, and just disposition of any disciplinary matter.