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Rule 4-106. Conviction of a Crime; Suspension and Disbarment
(a) Upon receipt of information or evidence that an attorney has been
convicted of any felony or misdemeanor involving moral turpitude,
whether by verdict, plea of guilty, plea of nolo contendere or
imposition of first offender probation, the Office of the General
Counsel shall immediately assign the matter a State Disciplinary Board
docket number and petition the Georgia Supreme Court for the
appointment of a special master to conduct a show cause hearing.
(b)
The petition shall show the date of the verdict or plea and the court
in which the respondent was convicted, and shall be served upon the
respondent pursuant to Bar Rule 4-203.1.
(c) Upon receipt of the
Petition for Appointment of Special Master, the Clerk of the Georgia
Supreme Court shall file the matter in the records of the Court, shall
give the matter a docket number and notify the Court that appointment
of a special master is appropriate.
(d) The Court will appoint a special master, pursuant to Rule 4-209(b).
(e)
The show cause hearing should be held within fifteen days after service
of the Petition for Appointment of Special Master upon the respondent
or appointment of a special master, whichever is later. Within thirty
days of the hearing, the special master shall file a recommendation
with the Supreme Court of Georgia which shall be empowered to order
such discipline as deemed appropriate.
(f) (1) If the Supreme
Court of Georgia orders the respondent suspended pending the appeal of
the conviction, upon the termination of the appeal the State Bar of
Georgia may petition the special master to conduct a hearing for the
purpose of determining whether the circumstances of the termination of
the appeal indicate that the suspended respondent should:
(ii) be reinstated, or
(iii) remain suspended pending retrial as a protection to the public, or
(iv) be reinstated while the facts giving rise to the conviction are investigated and, if proper, prosecuted under regular disciplinary procedures in these rules.
(2) Reports of the special master shall be filed with the Review Panel as provided hereafter in Rule 4-217. The Review Panel shall make its findings and recommendation as provided hereafter in Rule 4-218.
(g) For purposes of this rule, a certified copy of a conviction in any jurisdiction based upon a verdict, plea of guilty or plea of nolo contendere or the imposition of first offender treatment shall be prima facie evidence of an infraction of Rule 8.4 of Bar Rule 4-102 and shall be admissible in proceedings under the disciplinary rules.