Rule 33. PLEADING BY DEFENDANT · Last amended 1997 · Last verified July 17, 2026
In one sentenceRule 33.5 counsels the trial judge to stay out of plea bargaining itself but lets the judge preview a tentative deal on request, signal whether it looks likely to hold, and requires the judge to reach an independent call on any charge or sentence leniency, explaining on the record if the eventual sentence departs from what the deal contemplated.
Full Text of Rule 33.5
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(A) The trial judge should not participate in plea discussions.
(B) If a tentative plea agreement has been reached, upon request of the parties, the trial judge may permit the parties to disclose the tentative agreement and the reasons therefor in advance of the time for the tendering of the plea. The judge may then indicate to the prosecuting attorney and defense counsel whether the judge will likely concur in the proposed disposition if the information developed in the plea hearing or presented in the presentence report is consistent with the representations made by the parties. If the trial judge concurs but the final disposition differs from that contemplated by the plea agreement, then the judge shall state for the record what information in the presentence report or hearing contributed to the decision not to sentence in accordance with the plea agreement.
(C) When a plea of guilty or nolo contendere is tendered or received as a result of a plea agreement, the trial judge should give the agreement due consideration, but notwithstanding its existence, must reach an independent decision on whether to grant charge or sentence leniency under the principles set forth in section 33.6 of these rules.
Plain-English Summary
Rule 33.5 keeps the judge at arm’s length from plea bargaining while still leaving room to weigh in once the parties have something to show. The judge should stay out of the back-and-forth between prosecutor and defense counsel that produces a plea deal.
Once the parties reach a tentative deal, though, they can ask the judge to look at it early, before the plea is formally offered, along with the reasoning behind it. The judge may then tell both sides whether the proposed outcome looks likely to stick, assuming the presentence report or the plea hearing backs up what the parties described. If things later turn out differently from what the judge signaled, the judge has to explain, on the record, which details changed the calculation.
Even where a plea deal exists, the judge cannot rubber-stamp it. The judge weighs the agreement seriously but still has to reach an independent call, measured against the principles in Rule 33.6, on whether the case warrants charge or sentence leniency.
Frequently Asked Questions
Is the trial judge allowed to take part in plea discussions?
Rule 33.5(A) says the trial judge should not join the negotiations between prosecutor and defense — guidance framed as a strong recommendation rather than an outright ban.
Can the judge preview a tentative plea agreement before the plea is entered?
Yes, on the parties’ request, and the judge may tell both sides whether the deal they describe looks likely to hold up.
What happens if the judge indicated likely concurrence but the final sentence differs from the plea agreement?
The judge must explain, on the record, which details from the presentence report or the hearing led the court to depart from the plea deal.
Is a judge bound to grant the leniency contemplated by a plea agreement?
No. Rule 33.5(C) requires the judge to weigh the agreement seriously but still reach an independent call under the principles in section 33.6.
What must line up for the judge’s earlier signal of likely approval to hold?
What comes out at the plea hearing, or shows up in the presentence report, has to match what the parties told the judge earlier.
Amendment History
Amended effective October 9, 1997.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Uniform Superior Court Rules, published by the
Council of Superior Court Judges of Georgia. Last verified July 17, 2026.
· Official source
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