Standing Executive Committee Policy 900 (Requests to Inspect State Bar Records)
Organization of the State Bar & Admissions / Standing Executive Committee Policy 900 (Requests to Inspect State Bar Records)
Requests to Inspect Records of the State Bar of Georgia (Approved Oct. 7-8, 2005)
(Adopted as a Standing Executive Committee Policy Feb. 16, 2012)
While the Bar is not required by the "open records act" or any other legislation or rule to respond to requests to inspect records, it is its policy to respond to all reasonable requests from individual members of the State Bar in good standing to inspect State Bar records. By this policy the Bar does not waive any right it has to refuse any request for inspection, nor does it by this policy create any right of inspection. However, before the State Bar will consider a request to inspect records, the member must be in good standing and must comply with the following:
- The member must provide the State Bar with a written request to inspect records;
- The written request must be sent to the attention of the Executive Director prior to the date on which the member wishes to inspect;
- The member's request must be made in good faith and for a purpose that is reasonably relevant to the member's legitimate interest as a member;
- The member must describe with reasonable particularity the records the member desires to inspect and the purpose of the inspection; and
- The records must be directly connected with this purpose.
Should the member comply with the above-mentioned procedure, the Executive Director will consider the request, and provide a timely response.
When in the opinion of the Executive Director and General Counsel, a request calls for an inspection of records of a private, personal or confidential nature, or relates to a matter where an inquiry or investigation is pending, the inspection will not be allowed.
If the inspection is not allowed, the member may appeal this decision to the Executive Committee.
If the inspection is allowed, the following conditions shall apply:
- The inspection shall be undertaken by the member in good standing requesting the inspection, and shall occur at such reasonable times and under such reasonable conditions and duration as may be determined by the State Bar;
- The inspection shall occur at State Bar Headquarters in Atlanta, Georgia;
- The inspection shall occur in the presence of a State Bar staff member;
- Because of confidentiality issues, no copying of State Bar records will be allowed; and
- The State Bar may impose a reasonable charge, covering the costs of providing a staff member to locate and transport the records, to witness the inspection, and all other reasonable expenses. The requesting member shall pay in advance an estimate of the expenses, said estimate to be adjusted upon conclusion of the inspection by refund or additional payment.
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