Stipulated Facts and Agreed Disciplinary or Disability Dispositions

(a) Factual Stipulations. (1) (2) (3) (4) At any time prior to the conclusion of a disciplinary or disability hearing, the Respondent may stipulate to any of the factual allegations in the Statement of Charges and any other agreed upon facts. The factual stipulations shall be in writing and shall be signed by the Respondent, the Respondent’s counsel, if any, and by the Commission Counsel. The factual stipulations may include an agreement as described in subsection (b) of this rule. The presiding Chairperson or Vice-Chairperson of the hearing panel may accept the factual stipulations and any agreement made pursuant to subsection (b) of this rule into the record at the disciplinary hearing upon the presiding Chairperson or Vice-Chairperson’s satisfaction that they were entered into freely and voluntarily. At the conclusion of the disciplinary hearing, the hearing panel shall deliberate and may adopt the factual stipulations upon the affirmative vote of at least 5 members present at the disciplinary hearing. Adoption of the factual stipulations constitutes a finding that the facts contained therein are established by clear and convincing evidence. If the factual stipulations are rejected by the hearing panel, then they shall be deemed withdrawn. In such circumstances, the Executive Director shall promptly notify the Respondent and the Commission Counsel of a date for a full evidentiary hearing. (b) Agreements as to Code Violations and Disciplinary Disposition. (1) Factual stipulations made pursuant to subsection (a) of this rule may, but are not required to, include an agreement as to specified violations of the Code in exchange for a requested disciplinary disposition. Upon its de novo review, the hearing panel may 23 TOC Rule 18 (2) accept the agreement upon the affirmative vote of at least 5 members. In the absence of an agreement as to violations of the Code or a requested disciplinary disposition, or in the event the hearing panel rejects the agreement, the Executive Director shall promptly notify the Respondent and the Commission Counsel of a date for a hearing to consider the arguments of the parties with respect to the Code violations and the disciplinary disposition of the matter. (c) Consent Order Upon Resignation or Retirement of the Respondent. At any time prior to the conclusion of a disciplinary or disability proceeding, the Respondent may enter into a consent order, signed by all parties and approved by the presiding Chairperson or Vice-Chairperson, by which the Respondent resigns or retires from judicial office and agrees never to seek judicial office in North Carolina in the future in exchange for dismissal of the Statement of Charges without prejudice and upon any other terms and conditions as the parties may agree. A violation of the consent order shall be deemed a separate and independent violation of the Code. History Note. 374 N.C. 960; 386 N.C. 974.