Plea Negotiations. The parties may negotiate concerning, and reach an
agreement on, any aspect of the case. At the request of either party, or sua
sponte, the court may, in its sole discretion, participate in settlement
discussions by directing counsel having the authority to settle to
participate in a good faith discussion with the court regarding a non-trial
or non-jury trial resolution which conforms to the interests of justice.
Before such discussions take place, the prosecutor shall afford the victim
an opportunity to confer with the prosecutor concerning a non-trial or
non-jury trial resolution, if they have not already conferred, and shall
inform the court and counsel of any statement of position by the victim. If
the defendant is to be present at any such settlement discussions, the
victim shall also be afforded the opportunity to be present and to state his
or her position with respect to a non-trial or non-jury trial settlement.
The trial judge shall only participate in settlement discussions with the
consent of the parties. In all other cases, the discussions shall be before
another judge or a settlement division. If settlement discussions do not
result in an agreement, the case shall be returned to the trial judge.
Plea Agreement. The terms of a plea agreement shall be reduced to writing
and signed by the defendant, the defendant's counsel, if any, and the
prosecutor. An agreement may be revoked by any party prior to its acceptance
by the court.
c. Determining the Accuracy of the Agreement and the Voluntariness and
Intelligence of the Plea. The parties shall file the agreement with the
court, which shall address the defendant personally and determine that he or
she understands and agrees to its terms, that the written document contains
all the terms of the agreement, and that the plea is entered in conformance
with Rules 17.2 and 17.3.
Acceptance of Plea. After making such determinations and considering the
victim's view, if provided, the court shall either accept or reject the
tendered negotiated plea. The court shall not be bound by any provision in
the plea agreement regarding the sentence or the term and conditions of
probation to be imposed, if, after accepting the agreement and reviewing a
presentence report, it rejects the provision as inappropriate.
Rejection of Plea. If an agreement or any provision thereof is rejected
by the court, it shall give the defendant an opportunity to withdraw his or
her plea, advising the defendant that if he or she permits the plea to
stand, the disposition of the case may be less favorable to him or her than
that contemplated by the agreement.
Disclosure and Confidentiality. When a plea agreement or any term thereof
is accepted, the agreement or such term shall become part of the record.
However, if no agreement is reached, or if the agreement is revoked,
rejected by the court, or withdrawn or if the judgment is later vacated or
reversed, neither the plea discussion nor any resulting agreement, plea or
judgment, nor statements made at a hearing on the plea, shall be admissible
against the defendant in any criminal or civil action or administrative
proceeding.
Automatic Change of Judge. If a plea is withdrawn after submission of the
presentence report, the judge, upon request of the defendant, shall
disqualify himself or herself, but no additional disqualification of judges
under this rule shall be permitted.
