A. Surrender of License. An attorney may surrender his or her license upon the
conditions agreed to by the attorney, the Executive Director, and a panel of the Committee. An
attorney may offer or consent to the voluntary surrender of his or her license at any stage of the
proceedings. No petition to the Supreme Court for voluntary surrender of license by an attorney
shall be granted until it is referred to a panel of the Committee and the recommendations of the
panel are received by the Supreme Court. (See Section 20(E)(2), for the procedure where there
is a disciplinary proceeding pending, if Supreme Court does not accept the voluntary offer of
B. Discipline by Consent.
(1) An attorney against whom a formal complaint has been served may, (a) not
less than twenty (20) calendar days before the panel meeting at which the complaint will be on
the panel agenda for ballot vote action or (b) not less than twenty (20) calendar days before the
commencement of a public hearing before a panel of the Committee, tender a conditional
acknowledgment and admission of violation of any of the Rules alleged in the formal complaint,
or to particular provisions of Rules so alleged, in exchange for a stated disciplinary sanction in
accordance with the following:
(2) With service of a formal complaint, the respondent attorney will be advised
that, if a negotiated disposition by consent is contemplated, the respondent attorney should
contact the Executive Director to undertake good faith discussion of a proposed disposition. All
discipline by consent proposals must be approved in writing by the Executive Director, before
they can be submitted to a panel.
(3) Upon a proposed disposition acceptable to the respondent attorney and the
Executive Director, the respondent shall execute and submit a discipline by consent on a
document prepared by the Executive Director setting out the necessary factual circumstances,
admission of violation of the Rules, and the proposed sanction.
(4) The consent proposal, along with copies of the formal complaint, and the
recommendations of the Executive Director, shall be presented to a panel of the Committee for
their votes by written ballot to accept or reject the proposed disposition. The respondent will be
notified immediately in writing of the panel decision. Rejection will result in the continuation of
the formal complaint process, using a different panel, by a ballot vote pursuant to Section 10 or a
public hearing pursuant to Section 11, as the case may be.
C. No appeal may be taken from a disciplinary sanction entered by consent.
D. The panel shall file written evidence of the terms of the discipline by consent with the
Clerk, unless the discipline by consent is a non-public warning.
E. Serious Misconduct. If the discipline by consent involves allegations of Serious
Misconduct and a suspension of the respondent attorney's license, it shall be presented to the
Supreme Court for approval or disapproval.
(1) The Executive Director shall present to the Supreme Court, under such
procedures as the Supreme Court may direct, any discipline by consent proposal which the
Executive Director has reached with a respondent attorney and which involves allegations of
Serious Misconduct and a suspension of license.
(2) If the Supreme Court does not approve of the proposed discipline by consent
or the voluntary surrender of license, the matter shall be referred to a panel that has not rendered
a decision in the case by ballot vote. The new panel shall resume, as practical, the proceedings at
the stage at which they were suspended when the proposal was made and submitted to the
Supreme Court. If both regular panels have been used in prior proceedings involving a case, the
case shall go to Panel C and then, if necessary, to Panel D for consideration.
(3) The fact that an offer and proposed sanction was agreed to by the Executive
Director, the terms of the proposed discipline by consent, and the fact that the Supreme Court
rejected the proposal shall not be disclosed to the new panel, except in those instances where
disclosure of compromises is permitted under Rule 408 of the Arkansas Rules of Evidence.