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IL · rules

Ill. S. Ct. R. 762

Disbarment and Other Discipline on Consent

activein force · 2017-07-01 – presentact-effective-date

(a) Disbarment on Consent. If, while any charge of misconduct is under investigation or

pending against him before the Inquiry Board, Hearing Board or Review Board, an attorney files

with the court a motion to strike his name from the roll of attorneys admitted to practice law in this

State, the clerk of the court shall immediately file with the Administrator a copy of the motion.

Within 21 days thereafter the Administrator shall file with the court and serve upon the attorney

respondent a statement of charges which shall set forth a description of the evidence which would

be presented against the attorney respondent if the cause proceeded to hearing and the findings of

misconduct which that evidence would support. Within 14 days after the statement of charges is

filed with the court, the attorney respondent shall file with the court his affidavit stating that:

(1) he has received a copy of the statement of charges;

(2) if the cause proceeded to a hearing, the Administrator would present the evidence

described in the statement of ch arges, and that evidence would clearly and convincingly

establish the facts and conclusions of misconduct set forth in the statement of charges; except

that in cases where the charges are based upon a judgment of conviction of a crime, it shall be

sufficient that the attorney respondent state that if the matter proceeded to hearing, the

judgment of conviction would be offered into evidence and would constitute conclusive

evidence of his guilt of the crime for purposes of disciplinary proceedings;

(3) his motion is freely and voluntarily made; and

(4) he understands the nature and consequences of his motion.

If the attorney respondent fails to file the required affidavit within the 14-day period provided

above, or in the event the affidavit does not contain the statements required by subparagraphs (1),

(2), (3) and (4) above, the court may deny the attorney’s motion to strike his name from the roll of

attorneys admitted to practice law in this State. If the court allows the motion, the facts and

conclusions of misconduct set forth in the Administrator’s statement of charges shall be deemed

established and conclusive in any future disciplinary proceedings related to the attorney, including

any proceedings under Rule 767.

(b) Other Discipline on Consent.

(1) Petition. The Administrator and respondent may file with the court as an agreed matter

a petition to impose discipline on consent under the following circumstances:

(a) during the pendency of a proceeding before the court; or

(b) during the pendency of a proceeding before the Review, Hearing or Inquiry Boards

and with the approval of the board before which the proceeding is pending.

(2) Content of Petition. The petition shall be prepared by the Administrator and shall set

forth the misconduct and a recommendation for discipline.

(3) Affidavit. Attached to the petition shall be an affidavit executed by the attorney stating

that:

(a) he has read the petition;

(b) the assertions in the petition are true and complete;

(c) he joins in the petition freely and voluntarily; and

(d) he understands the nature and consequences of the petition.

The affidavit may recite any other facts which the attorney wishes to present to the court in

mitigation.

(4) Submission to Court. The Administrator shall file the petition and affidavit with the

Clerk of the court. The Clerk shall submit the matter to the court as an agreed matter.

(5) Action on Petition. The court may allow the petition and impose the discipline

recommended in the petition. Otherwise, t he court shall deny the petition. If the petition is

denied, the proceeding will resume as if no petition had been submitted. No admission in the

petition may be used against the respondent. If the proceeding resumes before the Inquiry or

Hearing Board, the proceeding will be assigned to a different panel of the Board.

History

Adopted March 30, 1973, effective April 1, 1973; amended May 21, 1975; amended October 13, 1989, effective immediately; amended January 5, 1993; amended June 22, 2017, eff. July 1, 2017.

Provenance

Source
illinoiscourts.gov
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
676ddbca722fd313dd05d2fdc6a8371470180664735f0c667023dd90ccccb449
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