Bar Rules

Rule 4-210. Powers and Duties of Special Masters

Ethics & Discipline / Current Rules / Part IV (After January 1 / 2001) - Georgia Rules of Professional Conduct (also includes Disciplinary Proceedings and Advisory Opinion rules) / CHAPTER 2 DISCIPLINARY PROCEEDINGS

In accordance with these Rules a duly appointed Special Master or Hearing Officer shall have the following powers and duties:

(1) to exercise general supervision over assigned disciplinary proceedings and to perform all duties specifically enumerated in these Rules;

(2) to rule on all questions concerning the sufficiency of the formal complaint;

(3) to conduct the negotiations between the State Bar of Georgia and the Respondent, whether at a pretrial meeting set by the Special Master or at any other time;

(4) to receive and evaluate any Petition for Voluntary Discipline;

(5) to grant continuances and to extend any time limit provided for herein as to any pending matter;

(6) to apply to the Coordinating Special Master for leave to withdraw and for the appointment of a successor in the event that he or she becomes incapacitated to perform his or her duties or in the event that he or she learns that he or she and the Respondent reside in the same circuit;

(7) to hear, determine and consolidate action on the complaints, where there are multiple complaints against a Respondent growing out of different transactions, whether they involve one or more complainants, and may proceed to make recommendations on each complaint as constituting a separate offense;

(8) to sign subpoenas and exercise the powers described in Bar Rule 4-221(b);

(9) to preside over evidentiary hearings and to decide questions of law and fact raised during such hearings;

(10) to make findings of fact and conclusions of law as hereinafter provided and to submit his or her findings for consideration by the Review Panel;

(11) to exercise general supervision over discovery by parties to disciplinary proceedings and to conduct such hearings and sign all appropriate pleadings and orders pertaining to such discovery as are provided for by the law of Georgia applicable to discovery in civil cases;

(12) in disciplinary cases, to make a recommendation of discipline, and in emergency suspension cases a recommendation as to whether the Respondent should be suspended pending further disciplinary proceedings; and

(13) to conduct and exercise general supervision over hearings for the Board to Determine Fitness of Bar Applicants and to make written findings of fact and recommendations pursuant to Part A, Section 8 of the Rules Governing Admission to the Practice of Law in Georgia.

GO TO Rule 4-209.3 Powers and Duties of the Coordinating Special Master
GO TO Rule 4-211. Formal Complaint; Service
GO TO Rule 4-211.1 Dismissal after Formal Complaint
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