Just prior to the Supreme Court's ruling, the grand jury handed down indictments against Fletcher for three misdemeanors – conspiracy, official misconduct, and political discrimination. Fletcher did not appear at his arraignment on June 9 because he was on vacation in Florida; his attorney entered "not guilty" pleas to all three charges on his behalf. On August 11, 2006, Special Judge David E. Melcher ruled that because the personnel violations were allegedly committed while Fletcher was acting in his official capacity as governor, he was protected by executive immunity and could not be prosecuted until he left office. Melcher asked that the two sides work together to reach a settlement in the case. On August 24, Fletcher and Stumbo announced such an agreement. Under the settlement, Fletcher acknowledged that evidence "strongly indicatewrongdoing by his administration" but did not admit any wrongdoing personally. Fletcher also acknowledged that Stumbo's prosecution of the case "[was a necessary and proper of his constitutional duty" and ensured that abuses of the merit system would be ended. In addition to dropping the charges against Fletcher, Stumbo conceded that any violations by Fletcher's administration were "without malice". Four members of the state Personnel Board who were appointed by Fletcher were required to step down. Their replacements would be chosen by Fletcher from a list provided by Stumbo.