Rule 3.26 - Voluntary resignation or inactive status(a) Any member of the state bar may file in the Supreme Court of Appeals a verified petition stating that such member desires to voluntarily resign as a member of the state bar and to have his or her name stricken from the rolls thereof. Such petition shall fully state the reasons for the prayer thereof and whether any disciplinary or criminal charges or proceedings are then pending against the petitioner or whether the petitioner apprehends the pendency of any such charges or proceedings. Knowing failure to disclose this information may constitute grounds for initiation of a separate disciplinary proceeding.(b) At the time of filing a petition for voluntary resignation with the Clerk of the Supreme Court of Appeals, the petitioner shall file a copy of the petition with the Office of Disciplinary Counsel, which shall conduct such investigation as may be deemed necessary and proper. At the conclusion of the investigation, Disciplinary Counsel shall file a report with the Investigative Panel, including a recommendation regarding whether the petition should be granted or denied.(c) The Investigative Panel shall promptly prepare a written report on the petition for voluntary resignation, including a recommendation regarding whether it should be granted or denied, and shall transmit its report to the Court. The Investigative Panel's report shall become a part of the record in the case. The Investigative Panel shall mail a copy of its report to the petitioner's last known address.(d) Within ten days after such report has been filed, either the petitioner or Disciplinary Counsel shall have the right to make written request of the Court for a hearing upon the matters arising on the petition. If such request be made, the Court shall set the matter for hearing upon a day certain to be specified by the Court, which shall be within thirty days from the date of the expiration of the ten-day period for making a written request for a hearing. The hearing shall be held in such manner as the Court may direct. After such hearing, or after the expiration of the time for requesting a hearing without request therefor being made, the Court shall, by order entered of record, grant or refuse the prayer of the petition upon such terms and conditions as it may deem advisable.(e) If the Court grants the prayer of the petition, the petitioner shall comply with the client notification requirements of Rule 3.28.(f) If a member of the state bar not under suspension enrolls as an inactive member pursuant to Article II, section 4 of the By-Laws of The West Virginia State Bar while an ethics complaint or other disciplinary proceeding is pending before the Lawyer Disciplinary Board or the Supreme Court of Appeals, the member shall comply with the client notification requirements of Rule 3.28.W. Va. R. Law. Disci. Proc. 3.26