Rule ELC 12.4 - Discretionary Review(a) Decisions Subject to Discretionary Review. Respondent or disciplinary counsel may seek discretionary review of Board decisions under rule 11.12(e) not subject to appeal under rule 12.3. The Court accepts discretionary review only if: (1) the Board's decision is in conflict with a Supreme Court decision;(2) a significant question of law is involved;(3) there is no substantial evidence in the record to support a material finding of fact on which the Board's decision is based; or(4) the petition involves an issue of substantial public interest that the Court should determine.(b) Petition for Review. Respondent or disciplinary counsel may seek discretionary review by filing a petition for review with the Clerk within 30 days of service of the Board's decision on respondent.(c) Content of Petition; Answer; Service; Decision. A petition for review should be substantially in the form prescribed by RAP 13.4(c) for petitions for Supreme Court review of Court of Appeals decisions. References in that rule to the Court of Appeals are considered references to the Board. The appendix to the petition or an appendix to an answer or reply may additionally contain any part of the record, including portions of the transcript or exhibits, to which the party refers. RAP 13.4(d) (h) governs answers and replies to petitions for review and related matters including service and decision by the Court.(d) Subsequent Petition By Other Parties. If a timely petition for discretionary review is filed by the Respondent or disciplinary counsel, and the other party wants relief from the Board's decision, they must file a petition for discretionary review with the Clerk within the later of: (1) 14 days after service of the petition filed by the other party, or(2) the time for filing a petition under subsection (b) of this rule.(e) Filing Fee. The first party to file a petition for discretionary review must, at the time the petition is filed, either pay the statutory filing fee to the Clerk of the Disciplinary Board by cash or by check made payable to the Clerk of the Supreme Court, or by appropriate motion apply to the Clerk of the Supreme Court for a waiver of the filing fee based upon a showing of indigency.(f) Acceptance of Review. The Court accepts discretionary review of a Board decision by granting a petition for review. Upon acceptance of review, the same procedures apply to matters subject to appeal and matters subject to discretionary review.Adopted effective 10/1/2002; Amended effective 1/1/2014; 1/1/2023.