R. 2:15-15A. — Discipline by Consent

a. Removal by Consent.

1. General Procedure. At any time after the filing of formal charges, but prior to the issuance of a Presentment or Report, a judge may consent to removal from judicial office consistent with the provisions contained in subsection (a)(2). The Executive Director or Counsel shall transmit the consent together with a report and recommendation to the Supreme Court. If accepted, the removal by consent shall be equivalent to an order of removal.

2. Affidavit of Consent. Consents to removal shall be by affidavit in the form approved by the Court in which the judge asserts:

a. the judge has consulted with an attorney; and

b. the judge’s consent is freely and voluntarily given; the judge has not been subjected to coercion or duress; the judge is fully aware of the implications of submitting the consent; and

c. the judge is not under any disability, mental or physical, nor under the influence of any medication, intoxicants or other substances that would impair the judge’s ability to knowingly and voluntarily execute the removal by consent; and

d. the judge is aware that there is presently pending an investigation or proceeding involving allegations of unethical judicial conduct, which allegations are set forth in the consent form; and

e. an acknowledgment that the material facts so alleged are true; and

f. an acknowledgment that the allegations of unethical judicial conduct could not be successfully defended; and

g. the understanding that the removal by consent, if accepted by the Supreme Court, is tantamount to an order of removal and constitutes an absolute bar to holding judicial office in the future.

3. Action by Committee. On its receipt of a request for removal by consent, the Committee shall submit the request and all supporting documentation to the Supreme Court.

4. Action by Supreme Court. The Supreme Court may accept the tendered removal by consent and enter an order of removal with supporting documentation, to include the affidavit of the judge and other documents referenced in connection therewith. Otherwise, the Court shall reject the removal by consent and the disciplinary proceeding shall resume before the Committee as if no consent had been submitted. The consent for removal shall not thereafter be admitted into evidence.

b. Other Discipline by Consent.

1. Timeliness and Form of Petition. At any time after the filing of formal charges in accordance with Rule 2:15-12(a), but prior to the issuance of a Presentment or Report, a judge may agree with Disciplinary Counsel to submit an affidavit by consent in exchange for a specific recommendation for discipline.

2. Contents of Stipulation and Affidavit. Counsel or Disciplinary Counsel shall file with the Committee 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. The stipulation shall attach the judge’s affidavit of consent in the form approved by the Supreme Court and contain the assertions set forth in paragraph (a)(2)(B), (a)(2)(C), and (a)(2) (E).

3. Action by Committee. On its review of a stipulation and affidavit for imposition of discipline by consent, the Committee may either grant the application and accept the recommendation, or deny the application. Following approval by the Committee, the matter shall be submitted to the Supreme Court as an agreed upon disposition by way of application to impose discipline by consent with supporting documentation. If denied, the disciplinary proceeding shall resume as if no motion had been submitted and no such submission shall be evidentiary.

4. Action by Supreme Court. The Supreme Court may accept the tendered discipline by consent and enter an order of discipline with supporting documentation, to include any stipulations, affidavits, and other documents referenced in connection therewith. Otherwise, the Court shall reject the discipline by consent. If rejected, the disciplinary proceeding shall resume as if no consent had been submitted, and the consent for discipline shall not thereafter be admitted into evidence.