Ill. S. Ct. R. 753

(a) Inquiry Board

(1) There shall be an Inquiry Board. It shall consist of members of the bar of Illinois and

nonlawyers appointed by the Commission to serve annual terms as commissioners of the court.

Nonlawyer members shall be appointed to the Board in a ratio of two lawyers for each

nonlawyer. The Commission may appoint as many members of the Board as it deems necessary

to carry on the work of the Board.

(2) The Board shall inquire into and investigate matters referred to it by the Administrator.

The Board may also initiate investigations on its own motion and may refer matters to the

Administrator for investigation.

(3) After investigation and consideration, the Board shall dispose of matters before it by

voting to dismiss the charge, to close an investigation, to file a complaint with the Hearing

Board, or to institute unauthorized practice of law proceedings.

(4) The Board may act in panels. Each panel shall consist of two lawyers and one

nonlawyer as designated by the Commission. The Commission shall designate one of the

members of each panel as chairman. The majority of a panel shall constitute a quorum and the

concurrence of a majority shall be necessary to a decision.

(b) Filing a Complaint. A disciplinary complaint voted by the Inquiry Board shall be prepared

by the Administrator and filed with the Hearing Board. The complaint shall reasonably inform the

attorney of the acts of misconduct he is alleged to have committed.

(c) Hearing Board

(1) There shall be a Hearing Board. It shall consist of members of the bar of Illinois and

nonlawyers appointed by the Commission to serve annual terms as commissioners of the court.

Members shall be appointed to the Board in a ratio of two lawyers for each no nlawyer.

(2) The Hearing Board may act in panels of not less than three members each, as designated

by the Commission. The Commission shall also designate one of the lawyer members of each

panel as chairperson. The majority of a panel shall constitute a quorum and the concurrence of

a majority shall be necessary to a decision. In the absence of the chairperson of a panel at a

hearing, the lawyer member present shall serve as acting chairperson.

(3) The hearing panels shall conduct hearings on complaints filed with the Board and on

petitions referred to the Board. The panel shall make findings of fact and conclusions of fact

and law, together with a recommendation for discipline, dismissal of the complaint or petition,

or nondisciplinary disposition. The Hearing Board may order that it will administer a

reprimand to the respondent in lieu of recommending disciplinary action by the court.

(4) The scheduling of matters before the Board shall be in accordance with Commission

rules.

(5) Proceedings before the Board, including discovery practice, shall be in accordance with

the Code of Civil Procedure and the rules of the supreme court as modified by rules

promulgated by the Commission pursuant to Supreme Court Rule 751(a). Information

regarding prior discipline of a respondent will not be divulged to a hearing panel until after

there has been a finding of misconduct, unless that information would be admissible for reasons

other than to show a propensity to commit the misconduct in question.

(6) Except as otherwise expressly provided in these rules, the standard of proof in all

hearings shall be clear and convincing evidence.

(7) In any hearing conducted pursuant to this rule, a final adjudication by another

jurisdiction as defined in Rule 763(b) that the attorney has been disciplined (including

resignation in lieu of discipline or the equivalent) shall conclusively establish the attorney’s

misconduct, unless the attorney establishes in the proceeding that:

(a) the order of the other jurisdiction was not entered;

(b) the order of the other jurisdiction does not apply to the attorney;

(c) the order of the other jurisdiction does not remain in full force and effect;

(d) the procedure resulting in the order of the other jurisdiction was so lacking in notice

or opportunity to be heard as to constitute a deprivation of due process of law; or

(e) the investigative process in the other jurisdiction was not comparable to the

investigative process that would have been conducted in Illinois.

(d) Review of Hearing Board Reports

(1) Review Board. There shall be a nine-member Review Board which shall be appointed

by the court. Appointments shall be for a term of three years or until a successor is appointed.

Appointments to the Review Board shall be staggered, so that the terms of thre e members are

scheduled to expire each year. No member shall be appointed for more than three consecutive

three-year terms. One member shall be designated by the court as chairperson and one member

may be designated by the court as vice-chairperson. The Review Board shall function in panels

of three, presided over by the most senior member of the panel. The concurrence of two

members of a panel shall be necessary to a decision.

(2) Exceptions; Agreed Matters. Reports of the Hearing Board shall be docketed with the

Review Board upon the filing of a notice of exceptions by either party. The respondent or the

Administrator may file exceptions to the report of the Hearing Board with the Review Board

within 21 days of the filing of the report in the Commission. If neither the respondent nor the

Administrator files a notice of exceptions to the Hearing Board report, and the report

recommends action by the court, the clerk of the Attorn ey Registration and Disciplinary

Commission shall submit the report of the Hearing Board to the court as an agreed matter.

Upon the submission of any matter as an agreed matter, the clerk of the Commission shall give

notice to the parties of that submissio n. Within 21 days after submission of the report to the

court, the Administrator shall file a motion to approve and confirm the report of the Hearing

Board. No response to this motion shall be filed unless ordered by the court on its own motion

or pursuant to a motion for leave to respond. Upon receipt of the motion to approve and

confirm, the court may enter a final order as recommended by the Hearing Board or as

otherwise determined by the court, order briefs or oral argument or both, or remand the matter

with directions to the Hearing Board or the Review Board.

(3) Action by the Review Board. The Review Board may approve the findings of the

Hearing Board, may reject or modify such findings as it determines are against the manifest

weight of the evidence, may make such additional findings as are established by clear a nd

convincing evidence, may approve, reject or modify the recommendations, may remand the

proceeding for further action or may dismiss the proceeding. The Review Board may order

that it will administer a reprimand to the respondent in lieu of recommen ding disciplinary

action by the court. A copy of the report or order of the Review Board shall be served on the

respondent and the Administrator.

(e) Review of Review Board Reports

(1) Petition for Leave to File Exceptions. Reports or orders of the Review Board shall be

reviewed by the court only upon leave granted by the court or upon the court’s own motion.

Either party may petition the court for leave to file exceptions to the order or report of the

Review Board. The petition shall be filed within 35 days of the filing of the order or report in

the Commission. The supreme court, or a justice thereof, on motion supported by affidavit or

verification by certification under section 1-109 of the Code of Civil Procedure may extend

the time for petitioning for leave to file exceptions, but such motions are not favored and will

be allowed only in the most extreme and compelling circumstances. (See Rule 361.)

(2) Grounds for Petition for Leave to File Exceptions. Whether a petition for leave to file

exceptions will be granted is a matter of sound judicial discretion. The following, while neither

controlling nor fully measuring the court’s discretion, indicate the character of the reasons

which will be considered; the general importance of the question presented; the existence of a

conflict between the report of the Review Board and prior decisions of the court; and the

existence of a substantial disparity betwe en the discipline recommended and discipline

imposed in similar cases.

(3) Contents of Petition for Leave to File Exceptions. The petition for leave to file

exceptions shall contain, in the following order:

(a) a request for leave to file exceptions;

(b) a statement of the date upon which the report of the Review Board was filed;

(c) a statement of the points relied upon for rejection of the report of the Review Board;

(d) a fair and accurate statement of the facts, which shall contain the facts necessary to

an understanding of the case, without argument or comment, with appropriate references

to the record by transcript page and exhibit number;

(e) a short argument (including appropriate authorities) stating why review by the

supreme court is warranted and why the decision of the Review Board should be rejected;

and

(f) a copy of the reports of the Hearing and Review Boards and proposed exceptions

shall be appended to the petition. The petition shall otherwise be prepared, served, and filed

in accordance with requirements for briefs as set forth in Rule 341.

(4) Answer. The opposing party need not but may file an answer, with proof of service,

within 14 days after the expiration of the time for the filing of the petition. The supreme court,

or a justice thereof, on motion supported by affidavit or verification by certification under

section 1-109 of the Code of Civil Procedure may extend the tim e for filing an answer, but

such motions are not favored and will be allowed only in the most extreme and compelling

circumstances. (See Rule 361.) An answer shall set forth reasons why the petition should not

be granted, and shall conform, to the extent a ppropriate, to the form specified in this rule for

the petition, omitting the first four items set forth in paragraph (3) except to the extent that

correction of the petition is considered necessary. The answer shall otherwise be prepared,

served, and filed in accordance with the requirements for briefs as set forth in Rule 341. No

reply to the answer shall be filed.

(5) Ruling on Petition.

(a) If the court allows exceptions to an order or report of the Review Board, it may:

(i) enter a final order as recommended by the Review Board or as otherwise

determined by the court;

(ii) enter an order remanding the matter with directions to the Hearing Board or the

Review Board; or

(iii) accept the matter for further consideration.

If the case is accepted for further consideration, the clerk of the Attorney Registration

and Disciplinary Commission shall transmit the record of the case to the court. Either party

may assert error in any ruling, action, conclusion or recommendation of the Review Board

without regard to whether the party filed exceptions. The petition for leave to file

exceptions allowed by the court shall stand as the brief of the appellant. Remaining briefs

shall be prepared, filed, and served in compliance with Rules 341 and 343. The parties shall

not be entitled to oral argument before the court as of right. Oral argument may be

requested in accordance with Rule 352.

(b) If the court denies leave to file exceptions, it may:

(i) enter a final order as recommended by the Review Board or as otherwise

determined by the court; or

(ii) enter an order remanding the matter with directions to the Hearing Board or the

Review Board.

(6) Agreed Matters. If a petition for leave to file exceptions is not timely filed and if the

report of the Review Board recommends action by the court, the clerk of the Attorney

Registration and Disciplinary Commission shall submit the report of the Review Board

together with a copy of the report of the Hearing Board to the court as an agreed matter. Upon

the submission of any matter as an agreed matter, the clerk of the Commission shall give notice

to the parties of that submission. Within 21 days after submission of the report to the court, the

Administrator shall file a motion to approve and confirm the report of the Review Board. No

response to this motion shall be filed unless ordered by the court on its own motion or pursuant

to a motion for leave to respond. Upon receipt of the motion to approve and confirm, the court

may enter a final order of discipline as recommended or as otherwise determined by the court,

order briefs or oral argument or both, or remand the matter with directions to the Hearing Board

or the Review Board.

(7) Finality of Review Board Decision. If exceptions are not filed and the order or report

of the Review Board does not recommend disciplinary action by the court, the order or report

of the Review Board shall be final.

(f) Duty of Respondent or Petitioner. It shall be the duty of the respondent or petitioner who

is the subject of any investigation or proceeding contemplated by these rules to appear at any

hearing at which his presence is required or requested. Failure to comply, without good cause

shown, may be considered as a separate ground for the imposition of discipline or denial of a

petition.