R. Judi. Qual. Commi. Ga. 23

As amended through October 9, 2024
Rule 23 - Discipline By Consent
A.Contents. At any time after the filing of formal charges and before final disposition, the respondent may agree with the Director in writing that a stated sanction should be imposed in exchange for the judge's admission of some or all of the formal charges or the judge's admission that evidence exists with which the Director could properly prove some or all of the formal charges. If the judge admits to only some of the counts in the formal charges, or admits that evidence exists with which the Director could prove only some of the formal charges, the Director shall provide an explanation in the written agreement as to why the Director is not proceeding on the counts for which there is no admission. The written agreement shall include a signed affidavit from respondent stating that:
(1) the respondent consents to the sanction;
(2) the consent is freely and voluntarily rendered;
(3) there is presently pending a proceeding involving allegations of misconduct; and
(4) the facts set forth in the affidavit are true.
B.Submission to Hearing Panel. The agreement and affidavit shall be submitted to the Hearing Panel, which shall either:
(1) reject the agreement; or
(2) file the agreement with the Supreme Court for approval.
C.Rejection of Sanction. If the recommended sanction is rejected by the Hearing Panel or the Supreme Court, the admission shall be withdrawn and cannot be used against the respondent in any proceedings.
D.Confidentiality. The agreement and affidavit shall remain confidential until accepted by the Supreme Court.
E.Order of Discipline. The Supreme Court shall either reject the agreement or enter an order disciplining the respondent as agreed upon in the written agreement. The final order of discipline shall be based upon the formal charges and the conditional admission.
F.Notice. If the Supreme Court's final order of discipline orders a public reprimand, the judge selected to impose such shall issue and file with the Clerk of the Supreme Court an order setting the date, time, and place for the imposition of the public reprimand and shall serve such order on the Director and the respondent or respondent's counsel at least 10 days prior to the date set. Such notice shall also be given in the event of any rescheduling of a public reprimand.

R. Judi. Qual. Commi. Ga. 23

Adopted effective 1/1/2018; amended effective 2/3/2023.

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.