Rule 11-566. Resignation with discipline pending.

(a) A Respondent may resign by voluntarily relinquishing the Respondentís license before a pending Complaint is adjudicated only with the Supreme Courtís consent and upon such terms as the Supreme Court may impose for the publicís protection.

(b) The Respondent must submit a petition:

(1) admitting for purposes of the disciplinary proceedings the facts upon which the allegations of misconduct are based;

(2) admitting that the facts constitute grounds for discipline;

(3) stating that the Respondentís resignation is freely and voluntarily tendered and that it is submitted without coercion or duress;

(4) verifying that the Respondent is fully aware of the implications of submitting the resignation;

(5) acknowledging that the discipline matter, the petition, and the sanction will be available to the public and that a notice of the resignation will be published in the Utah Bar Journal;

(6) agreeing to comply with these rules, including Rule 11-570 regarding notice to clients and return of clientsí property; and

(7) agreeing to comply with other Supreme Court orders.

(c) A copy of the petition must be submitted to the OPC. The OPC may, within 21 days, object to the petition. If the OPC consents to the petition, the Supreme Court will review the petition and enter an appropriate order. If the OPC files a timely objection, the matter will be set for hearing in the district court. Within 14 days after the hearing, the district court will transmit its findings of fact and conclusions of law to the Supreme Court to review and enter an appropriate order.

(d) If the Supreme Court accepts the resignation, it will enter an order specifying the effective date of the resignation. The order may include additional or alternative terms and conditions deemed appropriate, including conditions precedent to relicensure.

(e) A Respondent whose resignation is accepted must comply with Rule 11-591 and may not apply for relicensure until five years after the effective date of the resignation unless the Supreme Court orders otherwise in its order accepting the resignation.

Effective December 15, 2020