Notwithstanding the acceptance of a plea of guilty, the judgment should not be entered upon such plea without such inquiry on the record as may satisfy the judge that there is a factual basis for the plea.
Rule 33.9.Determining Accuracy of Plea
Rule 33. PLEADING BY DEFENDANT · Last amended 1997 · Last verified July 17, 2026
In one sentenceRule 33.9 keeps a judge from entering judgment on an accepted guilty plea until an on-the-record inquiry leaves the judge satisfied that the facts line up with the offense being pleaded to, guarding against a plea to a charge the underlying conduct does not support.
Full Text of Rule 33.9
Plain-English Summary
Rule 33.9 adds a factual check after the plea itself has already been accepted. Even once a defendant has pleaded guilty, the judge should not move straight to judgment. First comes an inquiry, put on the record, into whether the facts back up the charge.
The rule does not fix a script for that inquiry — it leaves the judge to reach that satisfaction through whatever questions the case calls for, so long as it happens before judgment is entered rather than after.
This safeguard exists because a plea is only as sound as the facts underneath it. A defendant might plead guilty for reasons that have nothing to do with real guilt — pressure, confusion, a bad deal — and this rule gives the judge one more chance to catch a plea that does not line up with what happened.
Frequently Asked Questions
Can a judge enter judgment on a guilty plea without inquiring into the facts?
The rule says judgment should not follow a guilty plea until an inquiry conducted on the record leaves the judge satisfied that the facts support it — guidance the judge is expected to follow before entering judgment.
Does Rule 33.9 apply even after the plea has already been accepted?
Yes. Even though the plea has already been taken, the rule says the judge should not move to judgment until the inquiry confirms the facts support it.
What must the inquiry establish before judgment is entered?
Facts on the record showing the defendant’s conduct lines up with the offense pleaded to.
Does Rule 33.9 specify exact questions the judge must ask to confirm the facts support the plea?
No. The rule leaves the form of the inquiry to the judge’s judgment, requiring only that it happen on the record and leave the judge satisfied.
At what point in the process does this fact-checking inquiry occur?
Before judgment is entered on the plea, even though the plea itself has already been accepted.
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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