Rule 1:20-10. Discipline by Consent

(a) Disbarment by Consent

(1) General Procedure An attorney against whom a grievance has been filed may submit a consent to disbarment as a member of the bar to the Supreme Court through the Director, who shall transmit the consent in due form together with a report and recommendation. If accepted, the disbarment by consent shall be equivalent to disbarment, and the order accepting it shall be published as in cases of disbarments.

(2) Affidavit of Consent Consents to disbarment shall be by affidavit in the form approved by the Supreme Court in which the respondent asserts:

(A) the respondent has consulted with an attorney; and

(B) the respondent's consent is freely and voluntarily given; the respondent has not been subjected to coercion or duress; the respondent is fully aware of the implications of submitting the consent; and

(C) the respondent is not under any disability, mental or physical, nor under the influence of any medication, intoxicants or other substances that would impair the respondent's ability to knowingly and voluntarily execute the disbarment by consent; and

(D) the respondent is aware that there is presently pending an investigation or proceeding involving allegations of unethical conduct, which allegations are set forth in the consent form; and

(E) an acknowledgement that the material facts so alleged are true; and

(F) an acknowledgement that the allegations of unethical conduct could not be successfully defended against; and

(G) the understanding that the disbarment by consent, if accepted by the Supreme Court, is tantamount to disbarment and constitutes an absolute bar to reinstatement to the practice of law; and

(H) the understanding that disciplinary costs will be assessed by the Supreme Court in accordance with R. 1:20-17. The affidavit of consent to disbarment shall not be received by the Director unless accompanied by a letter from the respondent's attorney certifying that an attorney has consulted with respondent and that, in so far as the attorney is able to determine, respondent's consent is knowingly and voluntarily given and that respondent is not under any disability affecting respondent's capacity knowingly and voluntarily to consent to disbarment.

(3) Action by Supreme Court. The Supreme Court may either reject the tendered consent or accept it and enter an order of disbarment. Otherwise, the Court shall reject the consent. If rejected, the disciplinary proceeding shall resume as if no consent had been submitted, and the consent to disbarment shall not thereafter be admitted into evidence.

(b) Other Discipline by Consent

(1) Timeliness and Form of Petition. At any time during the investigation of a disciplinary matter or within 60 days after the time prescribed for the filing of any answer to a complaint, the respondent may agree with the investigator or presenter to submit an affidavit of discipline by consent in exchange for a specific recommendation for discipline. Following approval by the chair or Director, the matter shall be submitted to the Board as an agreed matter by way of a motion to impose discipline on consent in accordance with R. 1:20-15(g). A copy of the motion shall be provided to the Director.

(2) Contents of Motion. The motion, which shall be filed by the investigator or presenter shall certify the concurrence of the chair or the Director, and shall be supported by a signed stipulation setting forth in detail the admitted facts regarding the unethical conduct, the specific ethical rules violated, a specific recommendation for, or range of, discipline, together with a brief analysis of the legal precedent therefore. The stipulation shall attach the respondent's affidavit of consent in the form approved by the Supreme Court and containing the assertions set forth in paragraph (a)(2)(B), (C), (E) and (H).

(3) Action by Board. Pursuant to R. 1:20-15(g), the perfected motion shall be submitted to the Board. The Board may allow the motion and accept the discipline recommended. The Board shall either deny the motion in which case the disciplinary proceeding shall resume as if no motion had been made or the Board shall grant the motion. If accepted by the Board, it shall submit the record of the proceedings to the Clerk of the Supreme Court for entry of a consent order of discipline in accordance with R. 1:20-16(e). If the motion is denied, no admissions made therein shall be admitted into evidence.