Rule 11-565. Discipline by consent.
(a)Discipline by consent before the matteris submitted to a screening panel. A Respondent against whom a Complainthas been filed may, before the matter is submitted to a screening panel, tendera proposal for discipline by consent, including a conditional admission to theComplaint or portions thereof in exchange for a disciplinary sanction and finaldisposition of the Complaint. The proposal must include a waiver of right to ascreening panel hearing. The Respondent must submit the proposal to the OPC,who will forward the proposal to the Committee chair with a recommendation infavor of or opposed to the proposal and a statement of the basis for suchrecommendation. If the Committee chair approves the proposal, the sanction willbe imposed as provided in this rule. If the proposal is rejected by theCommittee chair, the proposal and admission will be withdrawn and cannot beused against the Respondent in subsequent proceedings.
(b)Discipline by consent after filing anAction. A Respondent against whom an Action has been filed may tender aconditional admission to the allegations in the OPC?s complaint or to aparticular count thereof in exchange for a stated form of discipline and finaldisposition of the Action. The proposal must be submitted to the OPC, who willthen forward the proposal to the district court with a recommendation favoringor opposing the proposal and a statement of the basis for such recommendation.The district court will either approve or reject the proposal. If the districtcourt approves the proposal and the stated form of discipline includes publicdiscipline, it will enter the appropriate disciplinary order as provided inparagraph (d). If the district court rejects the proposal, the proposal andconditional admission will be withdrawn and cannot be used against theRespondent in subsequent proceedings.
(c)Order of discipline by consent. Thefinal order of discipline by consent will be predicated on:
(1) theComplaint and Notice if no Action has been filed;
(2) theAction, if filed;
(3) theapproved proposal for discipline by consent; and
(4) an unsworndeclaration of consent by the Respondent to be disciplined.
(d)Unsworn declaration of consent. A Respondent whose proposal for discipline by consent has beenapproved, must submit an unsworn declaration to the Committee chair or thedistrict court as appropriate, consenting to the approved disciplinary sanctionand affirming that:
(1) theconsent is freely and voluntarily entered;
(2) the Respondentis not acting under coercion or duress;
(3) theRespondent is fully aware of the implications of submitting the consent;
(4) the Respondent is aware that thereis presently pending an investigation into, or proceeding involving,allegations that there exist grounds for discipline, the nature of which mustbe specifically set forth;
(5) forpurposes of disciplinary proceedings, the Respondent acknowledges that thematerial facts so alleged are true; and
(6)the Respondent submits consent because the Respondent knows that if theComplaint or Action were predicated on the allegations under investigation werefiled, or the pending Action were prosecuted, the Respondent could notsuccessfully defend against the charges upon which the discipline is based.
EffectiveDecember 15, 2020