N.D. R. Jud. Cond. Comm. 14

As amended through March 18, 2024

Rule 14 - Discipline by Consent

A. Approval. At any time after the filing of formal charges and before final disposition, the respondent may agree with disciplinary counsel that the respondent admit to any or all of the formal charges in exchange for a stated sanction. The agreement must be submitted to the hearing panel of the commission assigned to the case, which shall either:

(1) reject the agreement; or

(2) submit the agreement to the Supreme Court for approval.

B. Rejection of Sanction. If the stated sanction is rejected by the hearing panel or the Supreme Court, the admission must be withdrawn and cannot be used against the respondent in any proceeding.

C. Affidavit of Consent. A respondent who consents to a stated sanction shall sign an affidavit 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.

D. Order of Discipline. The hearing panel shall file the affidavit with the Supreme Court. The affidavit is confidential until it is accepted by the Supreme Court. The Supreme Court shall either reject the agreement or enter the order disciplining the respondent. The final order of discipline must be based upon the formal charges and the conditional admission.

N.d. R. Jud. Cond. Comm. 14