As amended through October 9, 2024
Rule 113 - Discipline by Consent1. Conditional plea. A respondent against whom bar counsel has filed a complaint may tender to bar counsel a conditional admission to the complaint or to a particular count therein in exchange for a stated form of discipline. If accepted by bar counsel, the tendered admission shall be approved, modified, or rejected by a hearing panel. The tendered admission is subject to final approval or rejection by the supreme court if the stated form of discipline includes disbarment or suspension. If the panel or the supreme court rejects the stated form of discipline, then the admission shall be withdrawn and cannot be used against the respondent in any subsequent proceedings.2. Continuance and abatement of proceedings. A continuance in a proceeding on the basis of a tendered admission shall be granted only with the concurrence of bar counsel. Approval of a tendered admission by a panel, and, if required, by the court, shall abate the proceedings, and the panel’s decision shall be predicated on the charge(s) made against the respondent and the tendered admission. If a formal hearing panel or the supreme court rejects the stated form of discipline, then the admission shall be withdrawn and the Board shall appoint a new panel, which shall proceed to formal hearing pursuant to SCR105(2)(d).3. Review by court. If the stated form of discipline includes disbarment or suspension, bar counsel shall forward the record of the proceedings before it to the supreme court within 30 days of entry of the decision. The record filed with the supreme court shall indicate on its title page that the matter concerns a proceeding under this rule. The matter shall be submitted for review on the record without briefing or oral argument unless otherwise ordered by the court.4. Public reprimand. If the stated form of discipline includes neither a suspension nor disbarment, the matter shall not be submitted to the supreme court for approval. The state bar shall issue the reprimand and publish the reprimand in accordance withSCR121.1. If the stated form of discipline is an admonition, it will be published in accordance with SCR102(1)(f). Added; effective 2/15/1979; amended effective 3/1/2007; amended effective 7/8/2013; last amended effective 10/5/2015; amended effective 10/26/2023.