Rules of the Clerk of the Disciplinary Board
Ethics & Discipline / Current Rules / Rules of the Clerk of the Disciplinary Board
- Office of the Clerk.
In accordance with Bar Rule 4-221(f), pleadings or documents in disciplinary cases pending before a special master shall be filed with the Clerk of the State Disciplinary Board at the headquarters of the State Bar of Georgia at its offices in Atlanta, Georgia.
The Clerk's Office is open from 8:30 a.m. until 4:30 p.m. Monday through Friday, except legal holidays, to accept documents or pleadings for filing. There is no drop box or filing after hours.
Pleadings or documents may be mailed or delivered to the Clerk's Office for filing. A document or pleading will be filed when actually received by or delivered to the Clerk's Office during the days and times the Clerk's Office is open. A document transmitted by priority, express, or first-class (including certified or registered) mail via the United States Postal Service, or by a third-party commercial carrier for delivery to the Clerk of the State Disciplinary Board within three days, shall be deemed filed on the date shown by the official postmark affixed by the United States Postal Service (not a private or commercial postage meter) or the commercial carrier’s transmittal form on the envelope or package containing the document, but only if the envelope or package is properly addressed, postage is prepaid, and the postmark or transmittal date is legible.
Only original documents or pleadings will be accepted for filing. Letters, or copies of letters, unless attached as exhibits to pleadings or hearing transcripts, will not be accepted for filing. Copies of documents, pleadings, or letters not attached to pleadings or transcripts will be returned and not filed. Pleadings are not accepted for filing by facsimile or electronic mail.
- Docket numbers.
Original pleadings or other documents shall bear the appropriate State Disciplinary Board docket number. In cases not consolidated by prior order of the Investigative Panel, the special master, or the Supreme Court, an original pleading or other document shall be filed in each separate docket number, as appropriate. If an original document or pleading lists more than one docket number, the original will be filed with the disciplinary case file of the first listed docket number.
- Discovery documents.
As provided in Bar Rule 4-221(f), depositions and other original discovery shall not be filed, except in accordance with the Uniform Rules of the Superior Court.
- Number of copies.
Along with the original of a document or pleading for filing, attorneys shall furnish the Clerk with two copies. Attorneys desiring file-marked copies of documents or pleadings filed in a disciplinary case shall furnish to the Clerk a self-addressed and stamped envelope.
- Certificate of service.
In formal complaint proceedings, copies of all pleadings shall be served on the special master or the members of the Investigative Panel or the Review Panel, as appropriate, as well as on all parties to the disciplinary proceeding. Pleadings presented to the Clerk for filing shall bear a certificate of service, signed by counsel for the party, or the respondent if proceeding pro se, showing service on all parties and on the special master or the members of the Investigative Panel or the Review Panel, as appropriate. Pleadings not bearing a certificate of service will be returned and not filed.
- Removal of files.
The file of original documents and pleadings may not be removed from the office of the Clerk of the State Disciplinary Board, except by order of the Supreme Court, the special master, a panel of the State Disciplinary Board, or when the original is filed with the Clerk of the Supreme Court for its review pursuant to Bar Rule 4-219.
- Filing of record in the Supreme Court.
Once the record of a disciplinary proceeding is filed with the Supreme Court in accordance with Bar Rule 4-219, all pleadings shall be filed with the Clerk of the Supreme Court and directed to the Court. Any document or pleading submitted after the record has been transmitted to the Supreme Court shall be returned and not filed, except on order of the Supreme Court.
- Inspection and copies of files.
The files of disciplinary cases maintained by the Clerk of the State Disciplinary Board and docketed by the Supreme Court may be inspected by prior arrangement with the Clerk's Office. Copies of pleadings or other documents filed with the Clerk may be obtained by first paying $1 for the first, and 25 cents for each subsequent, page of the disciplinary case record requested. The Clerk may certify copies of pleadings or other documents filed with the Clerk as true copies. Copies of a disciplinary case record already filed with the Supreme Court must be sought from the Clerk of the Supreme Court.
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