As amended through June 11, 2024
Rule 4.6 - Prehearing Issue Narrowing and Settlement Conference; Order(a) Within 28 days of written notice that the Adjudicator has set the date and place of the trial panel hearing pursuant to BR 2.4(e)(8), either party may file with the Disciplinary Board Clerk a request for a single prehearing issue narrowing and settlement conference pursuant to this rule. Upon notification from the Disciplinary Board Clerk that a timely request for a BR 4.6 conference has been filed, the Adjudicator shall appoint a member of the Disciplinary Board to serve as the presiding member and conduct the BR 4.6 conference. A conference shall be held no later than 21 days before the scheduled hearing date and shall not exceed one business day in length. The respondent, counsel for the respondent, if any, and Disciplinary Counsel must attend. The purpose of the conference is to narrow factual and legal issues in dispute for trial and to facilitate discussion regarding discipline by consent under BR 3.6, if appropriate. Except for those facts admitted and denied in the prehearing order, under BR 4.7, no oral or written statements or admissions made at or in connection with the prehearing conference shall be admitted as evidence in this or any subsequent Bar disciplinary proceeding. No member of the trial panel appointed in the proceeding shall conduct or participate in the prehearing conference.(b) At the conclusion of the BR 4.6 conference, the presiding member shall enter an order setting forth agreed and disputed facts and elements of the violations alleged. In the absence of any agreement, the presiding member shall enter an order indicating that the BR 4.6 conference was held and that no agreements resulted. The presiding member shall file the order with the Disciplinary Board Clerk, with copies sent by the Disciplinary Board Clerk to the parties. Agreed facts shall be deemed admitted and need not be proven at the hearing before the trial panel.Rule 4.6 added by Order dated December 13, 1993. Rule 4.6 amended by Order dated November 6, 1995. amended by Order dated June 17, 2003, effective 7/1/2003. Former Rule 4.6 redesignated Rule 4.6a; Rule 4.6a amended; and Rule 4.6b added by Order dated May 3, 2017, effective 1/1/2018.