A diversion contract must be supported by the respondent LPO's affidavit or declaration as approved by disciplinary counsel or the Clerk setting forth the respondent's misconduct related to the grievance or grievances to be deferred under this title. If the diversion contract is terminated due to a material breach, the affidavit or declaration is admissible into evidence in any ensuing disciplinary proceeding. Unless so admitted, the affidavit or declaration is confidential and must not be provided to the grievant or any other individual outside the Clerk and the Office of Disciplinary Counsel, but may be provided to the discipline committee or the Board considering the grievance.
Wash. Admi. And. Prac. R. ELPOC 6.6