R. Judi. Qual. Commi. Ga. 23
Commentary
[1] Disposition of certain matters before formal charges are filed is governed by Rule 17.B.
[2] Either the respondent or the Director may initiate negotiations on discipline by consent, but both parties must agree to the stipulated discipline. The agreement, if approved, is proof that sufficient evidence supports the pertinent formal charges.
[3] Discipline by consent is beneficial to all participants. It enables the respondent who acknowledges fault to avoid the personal anxiety and expense of further proceedings, and it relieves the public and the judicial discipline system of the time-consuming and expensive necessity for such proceedings.
[4] In the event the proposed stipulated discipline is disapproved by the Hearing Panel or the Supreme Court or the matter is returned for formal proceedings for any reason, the respondent's admissions cannot be used against the respondent.
[5] If rejecting a proposed discipline by consent, the Hearing Panel should consider providing a written explanation for its decision. An explanation of the rejection may provide valuable guidance both moving forward with the matter underlying the rejected discipline by consent and in crafting future discipline by consent agreements.