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Rule 14-520

Rule 14-520. Discipline byconsent.

(a) Discipline by consent priorto filing of formal complaint. A respondent against whom an informal complainthas been filed may, prior to the filing of a formal complaint, tender aproposal for discipline by consent, including a conditional admission to theinformal complaint or portions thereof in exchange for a disciplinary sanctionand final disposition of the informal complaint. The proposal shall include awaiver of right to a screening panel hearing. The proposal shall be submittedto OPC counsel who shall forward the proposal to the Committee chair with arecommendation in favor of or opposed to the proposal and a statement of thebasis for such recommendation. If the proposal is approved by the Committeechair, the sanction shall be imposed as provided in this rule. If the proposalis rejected by the Committee chair, the proposal and admission shall bewithdrawn and cannot be used against the respondent in subsequent proceedings.

(b) Discipline by consent afterfiling of formal complaint. A respondent against whom a formal complaint hasbeen filed may tender a conditional admission to the formal complaint or to aparticular count thereof in exchange for a stated form of discipline and finaldisposition of the formal complaint. The proposal shall be submitted to OPCcounsel, who shall then forward the proposal to the district court with arecommendation favoring or opposing the proposal and a statement of the basisfor such recommendation. The district court shall either approve or reject theproposal. If the district court approves the proposal and the stated form ofdiscipline includes public discipline, it shall enter the appropriatedisciplinary order as provided in paragraph (d). If the district court rejects theproposal, the proposal and conditional admission shall be withdrawn and cannotbe used against the respondent in subsequent proceedings.

(c) Order of discipline byconsent. The final order of discipline by consent shall be predicated upon:

(c)(1) the informal complaintand any NOIC if no formal complaint has been filed;

(c)(2) the formal complaint, iffiled;

(c)(3) the approved proposalfor discipline by consent; and

(c)(4) an affidavit of consentby the respondent to be disciplined.

(d) Affidavit of consent. Arespondent whose proposal for discipline by consent has been approved asprovided in this rule, shall submit an affidavit to the Committee chair or thedistrict court as appropriate, consenting to the imposition of the approveddisciplinary sanction and affirming that:

(d)(1) the consent is freelyand voluntarily entered;

(d)(2) the respondent is notacting under coercion or duress;

(d)(3) the respondent is fullyaware of the implications of submitting the consent;

(d)(4) the respondent is awarethat there is presently pending an investigation into, or proceeding involving,allegations that there exist grounds for discipline, the nature of which shallbe specifically set forth;

(d)(5) for purposes ofdisciplinary proceedings, the respondent acknowledges that the material factsso alleged are true; and

(d)(6) the respondent submitsconsent because the respondent knows that if an informal or formal complaintwere predicated upon the matters under investigation were filed, or the pendingformal charges were prosecuted, the respondent could not successfully defendagainst the charges upon which the discipline is based.