Rule 11-566. Resignationwith discipline pending.
(a) A Respondent may resign byvoluntarily relinquishing the Respondent?s license before a pending Complaintis adjudicated only with the Supreme Court?s consent and upon such terms as theSupreme Court may impose for the public?s protection.
(b) The Respondent must submit apetition:
(1)admitting for purposes of the disciplinary proceedingsthe facts upon which the allegations of misconduct are based;
(2)admitting that the facts constitute grounds for discipline;
(3)stating that the Respondent?s resignation is freely and voluntarily tenderedand that it is submitted without coercion or duress;
(4)verifying that the Respondent is fully aware of the implications of submittingthe resignation;
(5)acknowledging that the discipline matter, the petition, and the sanction willbe available to the public and that a notice of the resignation will bepublished in the Utah Bar Journal;
(6)agreeing to comply with these rules, including Rule 11-570 regarding notice toclients and return of clients? property; and
(7)agreeing to comply with other Supreme Court orders.
(c) A copy of the petition must besubmitted to the OPC. The OPC may, within 21 days, object to the petition. Ifthe OPC consents to the petition, the Supreme Court will review the petitionand enter an appropriate order. If the OPC files a timely objection, the matterwill be set for hearing in the district court. Within 14 days after thehearing, the district court will transmit its findings of fact and conclusionsof law to the Supreme Court to review and enter an appropriate order.
(d) If the Supreme Court accepts theresignation, it will enter an order specifying the effective date of theresignation. The order may include additional or alternative terms andconditions deemed appropriate, including conditions precedent to relicensure.
(e) A Respondent whose resignation isaccepted must comply with Rule 11-591 and may not apply for relicensureuntil five years after the effective date of the resignation unless the SupremeCourt orders otherwise in its order accepting the resignation.
EffectiveDecember 15, 2020