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Rule 4-209. Docketing by Supreme Court; Appointment of Special Master; Challenges to Special Master
(a) Upon receipt of a finding of probable cause, a petition for
appointment of a special master and proposed order thereon and a formal
complaint from the Investigative Panel, the Clerk of the Georgia
Supreme Court shall file the matter in the records of the Court, give
the matter a docket number and notify the Court that appointment of a
special master is appropriate. In those proceedings where a Notice of
Discipline has been filed, the finding of probable cause need not be
filed.
(b) Upon receipt of a petition/motion for appointment of a special
master or notification that a special master previously appointed has
been disqualified, the Court will nominate a special master to conduct
formal disciplinary proceedings in such complaint within fourteen days.
The Court shall select as special masters experienced members of the
State Bar of Georgia who possess a reputation in the Bar for ethical
practice; provided, that a special master may not be appointed to hear
a complaint against a respondent who resides in the same circuit as
that in which the special master resides.
(c) Upon being advised of appointment of a special master by the Court,
the Clerk of the Court shall return the original notice of discipline,
rejection of notice of discipline, if applicable, formal complaint,
probable cause finding, petition for appointment of special master and
the signed order thereon to the Office of General Counsel of the State
Bar of Georgia. Upon notification of the appointment of a special
master, the State Bar shall immediately serve the respondent with the
order of appointment of a special master and with its formal complaint
as hereinafter provided.
(d) Within ten days of service of the notice of appointment of a
special master, the respondent and the State Bar shall lodge any and
all objections or challenges they may have to the competency,
qualifications or impartiality of the Special Master with the
chairperson of the Review Panel. A copy of the objections or challenges
shall be served upon the opposing counsel and the Special Master, who
may respond to such objections or challenge. The chairperson of the
Review Panel shall, within fifteen days, consider the challenges, the
responses of counsel and of the Special Master, if any, determine
whether the Special Master is disqualified and notify the parties and
the Special Master of his decision. Exceptions to the chairperson's
denial of disqualification are subject to review by the entire Review
Panel and, thereafter, by the Supreme Court when exceptions arising
during the evidentiary hearing and exceptions to the report of the
Special Master and the Review Panel are properly before the Court. In
the event of disqualification of a Special Master by the chairperson of
the Review Panel, the Clerk of the Supreme Court, the Special Master
and the parties shall be notified of the disqualification and
nomination of a successor Special Master shall proceed as provided in
this rule.