Rule 3.6 - Discipline By Consent(a) Application. Any allegation of misconduct that is neither dismissed nor disposed of pursuant to BR 2.10 may be disposed of by a no contest plea, or by a stipulation for discipline, entered into at any time after the SPRB finds probable cause that misconduct has occurred.(b) No Contest Plea. A plea of no contest to all causes or any cause of a formal complaint, or to allegations of misconduct if a formal complaint has not been filed, shall be verified by the respondent and shall include: (1) A statement that the respondent freely and voluntarily make the plea;(2) A statement that the respondent does not desire to defend against the formal complaint or any designated cause thereof, or against an allegation of misconduct not yet pled;(3) A statement that the respondent agrees to accept a designated form of discipline in exchange for the no contest plea; and(4) A statement of the respondent's prior record of reprimand, suspension or disbarment, or absence of such record.(c) Stipulation for Discipline. A stipulation for discipline shall be verified by the respondent and shall include:(1) A statement that the respondent has freely and voluntarily entered into the stipulation;(2) A statement that explains the particular facts and violations to which the Bar and the respondent are stipulating;(3) A statement that the respondent agrees to accept a designated form of discipline in exchange for the stipulation; and(4) A statement of the respondent's prior record of reprimand, suspension or disbarment, or absence of such record.(d) Approval of SPRB. Pleas of no contest and stipulations shall be approved as to form by Disciplinary Counsel and approved in substance by the chairperson of the SPRB or a member of the SPRB designated by the chairperson. If the plea or stipulation is acceptable to the respondent and the SPRB chairperson or designated member, and if the full term of the discipline agreed upon does not exceed a 6-month suspension, Disciplinary Counsel shall submit it to the Disciplinary Board Clerk for review by the Adjudicator, acting on behalf of the Disciplinary Board. Otherwise, Disciplinary Counsel shall file the stipulation with the State Court Administrator for review by the Supreme Court.(e) Review by Adjudicator or Supreme Court. The Adjudicator or the court, as the case may be, shall review the plea or stipulation. If the Adjudicator approves the plea or stipulation, an order shall be issued so stating and filed with the Disciplinary Board Clerk, and the Clerk shall provide copies to Disciplinary Counsel and the respondent. If the court approves the plea or stipulation, an order shall be issued so stating. If the plea or stipulation is rejected by the Adjudicator or the court, it may not be used as evidence of misconduct against the respondent in the pending or in any subsequent disciplinary proceeding.(f) Costs. In matters submitted under this rule that are resolved by a decision of the Disciplinary Board, the Bar may file a cost bill with the Disciplinary Board Clerk within 21 days of the filing of the decision of the Disciplinary Board. The Bar must serve a copy of the cost bill on the respondent pursuant to BR 1.8. To contest the Bar's statement of costs, the respondent must file an objection supported by a declaration under penalty of perjury with the Disciplinary Board Clerk within 7 days from the date of service. The respondent shall mail a copy of the objection to Disciplinary Counsel and file proof of mailing with the Disciplinary Board Clerk. If the matter is resolved by a decision of the court, the Bar's cost bill and the respondent's objections must be filed with the court within the same time period, accompanied by proof of service on the other party. The Adjudicator or the court, as the case may be, may fix the amount of the Bar's actual and necessary costs and disbursements incurred in the proceeding to be paid by the respondent.(g) Supplementing Record. If the Adjudicator or the court concludes that facts are not set forth in sufficient detail to enable forming an opinion as to the propriety of the discipline agreed upon, the Adjudicator or the court may request that additional stipulated facts be submitted or may disapprove the plea or stipulation.(h) Confidentiality. A plea or stipulation prepared for the Adjudicator or the court's consideration shall not be subject to public disclosure or used as evidence in a disciplinary proceeding:(1) prior to Adjudicator or court approval of the plea or stipulation; or(2) if rejected by the Adjudicator or court.Rule 3.6d and e amended by Order dated February 23, 1988. Rule 3.6d amended by Order dated December 13, 1993. Amended by Order dated June 5, 1997, effective 7/1/1997. Rule 3.6a, b, d and e amended by Order dated February 5, 2001. Rule 3.6d, e and f amended by Order dated June 17, 2003, effective 7/1/2003. Former Rule 3.6bi, 3.6bii, 3.6biii, 3.6biv, 3.6ci, 3.6cii, 3.6ciii, 3.6civ, and 3.6h redesignated as Rule 3.6b1, 3.6b2, 3.6b3, 3.6b4, 3.6c1, 3.6c2, 3.6c3, 3.6c4, 3.6h1, and 3.6h2; Rule 3.6a, 3.6b, 3.6b1, 3.6b2, 3.6b3, 3.6b4, 3.6c, 3.6c1, 3.6c2, 3.6c3, 3.6c4, 3.6d, 3.6e, 3.6f, 3.6g, 3.6h, 3.6h1, and 3.6h2 amended by Order dated May 3, 2017, effective 1/1/2018.