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Rule 14-521

Rule 14-521. Resignation withdiscipline pending.

(a) A respondent may resignfrom the Bar, prior to the adjudication of a pending complaint, only with theconsent of the Supreme Court and upon such terms as the Supreme Court mayimpose for the protection of the public.

(b) The respondent shall submita sworn petition:

(b)(1) admitting for purposesof the disciplinary proceedings the facts upon which the allegations ofmisconduct are based;

(b)(2) admitting that the factsconstitute grounds for discipline;

(b)(3) stating that therespondent's resignation is freely and voluntarily tendered and that it issubmitted without coercion or duress;

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

(b)(5) acknowledging that thediscipline matter, the petition and the sanction shall be available to thepublic and that a notice of the resignation shall be published in the Utah BarJournal;

(b)(6) agreeing to comply withthese rules, including Rule 14-526(b) regarding notice to clients and return ofclients' property; and

(b)(7) agreeing to comply withother orders of the Supreme Court.

(c) A copy of the petitionshall be submitted to OPC counsel. OPC counsel may, within 20 days, object tothe petition. If OPC counsel consents to the petition, the Supreme Court shallreview the petition and enter an appropriate order. If OPC counsel files atimely objection, the matter shall be set for hearing in the district court.Within ten days after the hearing, the district court's findings of fact andconclusions of law shall be transmitted to the Supreme Court for review and theentry of an appropriate order.

(d) If the Supreme Courtaccepts the resignation, it shall enter an order specifying the effective dateof the resignation. The order may include additional or alternative terms andconditions deemed appropriate, including conditions precedent to readmission.

(e) A respondent whoseresignation is accepted must comply with Rule 14-525 and may not apply forreadmission until five years after the effective date of the resignation unlessthe Supreme Court orders otherwise in the order accepting the resignation.