INABILITY TO PROPERLY DEFEND

If an attorney in responding to allegations in the course of a formal disciplinary proceeding alleges an inability to assist in the defense due to mental or physical incapacity, the Court or a Complaint Tribunal shall immediately transfer the attorney to disability inactive status pending the proceedings to be held pursuant to Rule 2 of these Rules. If the Court or a Complaint Tribunal determines the claim of inability to defend is valid, the disciplinary proceeding shall be deferred and the attorney retained on disability inactive status until the Court subsequently considers a petition for transfer of the attorney to active status. If the Court or Complaint Tribunal determines the claim of incapacity to defend to be invalid, the disciplinary proceedings shall resume. The attorney bears the burden of proving inability to assist in the defense due to mental or physical incapacity.