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Rule 15-520. Discipline by consent.

(a) Discipline by consentprior to filing of formal complaint. A respondent against whom an informalcomplaint has been filed may, prior to the filing of aformal complaint, tender a proposal for discipline by consent, including aconditional admission to the informal complaint or portions thereof in exchangefor a disciplinary sanction and final disposition of the informal complaint.The proposal shall include a waiver of right to a screening panel hearing. Theproposal shall be submitted to OPC counsel who shall forward the proposal tothe Committee chair with a recommendation in favor of or opposed to theproposal and a statement of the basis for such recommendation. If the proposalis approved by the Committee chair, the sanction shall be imposed as providedin this rule. If the proposal is rejected by the Committee chair, the proposaland admission shall be withdrawn and cannot be used against the respondent insubsequent proceedings.

(b) Discipline by consentafter filing of formal complaint. A respondent against whom a formal complainthas been filed may tender a conditional admission to the formal complaint or toa particular count thereof in exchange for a stated form of discipline andfinal disposition of the formal complaint. The proposal shall be submitted toOPC counsel, 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 If the district court rejects theproposal, the proposal and conditional admission shall be withdrawn and cannotbe used against the respondent in subsequent proceedings.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) theinformal complaint and any NOIC if no formal complaint has been filed;

(c)(2) theformal complaint, if filed;

(c)(3) theapproved proposal for discipline by consent; and

(c)(4) anaffidavit of consent by the respondent to be disciplined.

(d) Affidavit of consent. A respondent whose proposal for discipline by consent has beenapproved as provided in this rule, shall submit an affidavit to the Committeechair or the district court as appropriate, consenting to the imposition of theapproved disciplinary sanction and affirming that:

(d)(1) theconsent is freely and voluntarily entered;

(d)(2) therespondent is not acting under coercion or duress;

(d)(3) therespondent is fully aware of the implications of submitting the consent;

(d)(4) therespondent is aware that there is presently pending an investigation into, orproceeding involving, allegations that there exist grounds for discipline, thenature of which shall be specifically set forth;

(d)(5) forpurposes of disciplinary proceedings, the respondent acknowledges that thematerial facts so alleged are true; and

(d)(6) therespondent submits consent because the respondent knows that if an informal orformal complaint were predicated upon the matters under investigation werefiled, or the pending formal charges were prosecuted, the respondent could notsuccessfully defend against the charges upon which the discipline is based.

 

Effective November 1, 2018