Rule 11-565. Discipline by consent.
(a)
Discipline by consent before the matter
is submitted to a screening panel. A Respondent against whom a Complaint
has been filed may, before the matter is submitted to a screening panel, tender
a proposal for discipline by consent, including a conditional admission to the
Complaint or portions thereof in exchange for a disciplinary sanction and final
disposition of the Complaint. The proposal must include a waiver of right to a
screening panel hearing. The Respondent must submit the proposal to the OPC,
who will forward the proposal to the Committee chair with a recommendation in
favor of or opposed to the proposal and a statement of the basis for such
recommendation. If the Committee chair approves the proposal, the sanction will
be imposed as provided in this rule. If the proposal is rejected by the
Committee chair, the proposal and admission will be withdrawn and cannot be
used against the Respondent in subsequent proceedings.
(b)
Discipline by consent after filing an
Action. A Respondent against whom an Action has been filed may tender a
conditional admission to the allegations in the OPC’s complaint or to a
particular count thereof in exchange for a stated form of discipline and final
disposition of the Action. The proposal must be submitted to the OPC, who will
then forward the proposal to the district court with a recommendation favoring
or opposing the proposal and a statement of the basis for such recommendation.
The district court will either approve or reject the proposal. If the district
court approves the proposal and the stated form of discipline includes public
discipline, it will enter the appropriate disciplinary order as provided in
paragraph (d). If the district court rejects the proposal, the proposal and
conditional admission will be withdrawn and cannot be used against the
Respondent in subsequent proceedings.
(c)
Order of discipline by consent. The
final order of discipline by consent will be predicated on:
(1) the
Complaint and Notice if no Action has been filed;
(2) the
Action, if filed;
(3) the
approved proposal for discipline by consent; and
(4) an unsworn
declaration of consent by the Respondent to be disciplined.
(d)
Unsworn declaration of consent. A Respondent whose proposal for discipline by consent has been
approved, must submit an unsworn declaration to the Committee chair or the
district court as appropriate, consenting to the approved disciplinary sanction
and affirming that:
(1) the
consent is freely and voluntarily entered;
(2) the Respondent
is not acting under coercion or duress;
(3) the
Respondent is fully aware of the implications of submitting the consent;
(4) the Respondent is aware that there
is presently pending an investigation into, or proceeding involving,
allegations that there exist grounds for discipline, the nature of which must
be specifically set forth;
(5) for
purposes of disciplinary proceedings, the Respondent acknowledges that the
material facts so alleged are true; and
(6)
the Respondent submits consent because the Respondent knows that if the
Complaint or Action were predicated on the allegations under investigation were
filed, or the pending Action were prosecuted, the Respondent could not
successfully defend against the charges upon which the discipline is based.
Effective
December 15, 2020