| 2.16—Procedures
for Diversion
All diversion agreements between Bar Counsel and respondents
entered into following docketing and completion of investigation shall
be reviewed and approved by the Board Contact Member, who may approve
or disapprove the agreement or suggest that it be modified. In approving,
rejecting, or modifying the diversion agreement, the Board Contact Member
shall consider such proposed diversion agreement in light of the purposes
and limitations of diversion stated in Section 8.1 of Rule XI, giving
due deference to the expertise of Bar Counsel in disciplinary matters
and to the responsibility of Bar Counsel to allocate the investigative
and prosecutorial resources of Bar Counsel’s office. The Board Contact
Member may condition approval upon further investigation by Bar Counsel
or modification of the agreement. The Board Contact Member is permitted
to consult informally with Bar Counsel in order to ascertain Bar Counsel’s
reasons for entering into a diversion agreement and to express more fully
to Bar Counsel the reasons for the Board Contact Member’s refusal
to approve the agreement, if appropriate. A diversion agreement may include
a PMAS monitor as a condition of diversion, in which event the PMAS Guidelines,
adopted by the Board of Governors, may be applicable.
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