Standing Board Policy 200 (Annual Statement of Revenue and Expenditures)
Organization of the State Bar & Admissions / Standing Board Policy 200 (Annual Statement of Revenue and Expenditures)
- Publication of Expenditures. The Bar shall publish at least annually a statement of its revenues and expenditures by category. The purpose of this publication shall be to allow the membership to make a determination as to the nature of the expenditures or categories.
- Objections. Any active or inactive member of the State Bar of Georgia may, within forty-five (45) days of the date of said publication, file with the Executive Director a written objection to a particular expenditure on the grounds that it is nongermane to the legitimate purposes of the State Bar of Georgia. The objection need not state its grounds. Failure to object within this time period shall constitute a waiver of any right to object to the particular expenditure.
- After a written objection has been received, the Executive Director shall determine the pro rata amount of the objecting member's mandatory dues at issue, and such amount shall be placed in escrow pending determination of the merits of the objection.
- The Executive Committee shall, within sixty (60) days from the last day for receipt of written objections, determine whether to give a pro rata refund to the objecting member(s) or to refer the action(s) to arbitration.
- Composition of Arbitration Panel. If the matter is referred to arbitration, it shall be considered by a panel of arbitrators. The arbitration panel shall be composed of three (3) active members of the State Bar of Georgia. The objecting member(s) shall select one member of the arbitration panel, the Bar shall choose the second panel member, and the two members shall choose the third member. The objecting party and the State Bar of Georgia shall select their arbitrators within fifteen (15) days of the date on which the matter is referred to arbitration, and the third arbitrator shall be chosen by the two selected within thirty (30) days of said referral. In the event the two members are unable to agree, the Chief Judge of the Court of Appeals of the State of Georgia shall appoint the third member.
- Procedures for Arbitration Panel. Within thirty (30) days after the arbitration panel is constituted, the objecting member shall file with the General Counsel of the State Bar of Georgia a supplemental written objection stating in complete detail the grounds of the objection. The State Bar of Georgia shall, within thirty (30) days of receipt of the supplemental objection, prepare a written response and serve a copy on the objecting member(s). Such response, objection, and supplemental objection shall be forwarded to the arbitration panel. The panel shall schedule a hearing at the headquarters of the State Bar of Georgia within forty-five (45) days of the date on which the objection, supplemental objection, and response are forwarded to the panel. At said hearing, the objecting member and the Bar may appear in person or be represented by counsel. The arbitration panel shall thereafter confer and decide by majority vote whether the particular expenditure is nongermane to the legitimate purposes of the State Bar of Georgia.
- The scope of the arbitration review shall be to determine solely whether the expenditure at issue is constitutionally appropriate for funding from mandatory dues and whether the pro rata amount was correctly computed.
- The proceeding of arbitration shall be informal in nature and shall not be bound by the rules of evidence. Any briefs filed by either party shall be limited to fifteen (15) pages. Oral argument shall be limited to twenty (20) minutes per side. The decision of the arbitrators shall be binding as to the objecting member(s) and the State Bar of Georgia. If the arbitrators conclude that the expenditure at issue is appropriately funded by mandatory dues, there shall be no refund, and the State Bar of Georgia shall be free to expend the objecting member's pro rata amount of mandatory dues held in escrow. If the arbitrators determine that the expenditure is inappropriately funded from mandatory dues, the arbitrators shall order a refund of the pro rata amount of mandatory dues to the objecting member.
- The arbitrators shall render a final written report to the objecting member and the Executive Committee within fifteen (15) days of the conclusion of the hearing.
- In the event the arbitrators order a refund, the State Bar of Georgia shall provide such refund within thirty (30) days of the date of the arbitration report, together with interest calculated at the judgment rate provided by law, from the date on which the objecting member(s) mandatory dues payment was received.
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