Terminology
As used in these Rules:
Censure means a reprimand by the Supreme Court in the form of a written decision, which shall be imposed by the Supreme Court on the judge in person in open court.
Commission means the Judicial Qualifications Commission of Georgia.
Complaint means information in any form from any source received by the Investigative Panel that alleges or from which a reasonable inference can be drawn that a judge committed misconduct or is incapacitated. If there is no written complaint from another person, the Director's written statement of the allegations constitutes the complaint.
Deferred Discipline Agreement means a confidential agreement between a judge and the Investigative Panel for the judge to undergo treatment, participate in education programs, or take other corrective action. It is only available as a response 2 to misconduct that can be addressed through treatment, education, or a rehabilitation program.
Director means the lawyer working for the Investigative Panel who is in charge of screening and investigating complaints, prosecuting formal charges, drafting reports, handling administrative matters, and performing other duties assigned by the Commission. This also includes special counsel selected to fill the role of Director for specific cases in which the Director recuses himself or herself. See Rule 4.
Formal Charges means the document that charges the judge with specific acts of misconduct or with a specific incapacity.
Hearing means the public proceeding at which the issues of law and fact raised by the formal charges and answer are tried. See Rule 24.
Hearing Panel means the panel of the Commission that adjudicates formal charges, makes recommendations to the Supreme Court as to disciplinary and incapacity orders, and issues formal advisory opinions. See Rules 3 and 28; OCGA § 15-1-21(e) (3).
Incapacity means a mental or physical condition that adversely affects a judge's ability to perform judicial functions. Incapacity is distinguished from a disability that does not adversely affect a judge's performance of judicial functions.
Incapacity Inactive Status means non-disciplinary involuntary retirement, removal, or suspension of a judge from judicial office because of mental or physical inability to perform judicial functions.
Interim Suspension means temporary removal from office pending a final determination in any proceeding under these Rules. See Rule 15.
Investigation means an inquiry into allegations of misconduct, including a search for and examination of evidence concerning the allegations, divided into two stages: a preliminary investigation conducted by the Director after the receipt of a complaint, and a full investigation conducted after approval by the Investigative Panel. See Rule 17.
Investigative Panel means the panel of the Commission that determines whether full investigations will be conducted and whether formal charges will be filed, and that is responsible for the prosecutorial and administrative functions of the Commission. See Rule 3; OCGA § 15-1-21(e) (2).
Judge means anyone, whether or not a lawyer, who performs judicial functions under the Constitution and laws of Georgia, including an associate judge, senior judge, special master, magistrate, or municipal judge, or any person who is a judicial candidate for any such office.
Judicial Candidate means a person, including an incumbent judge, seeking selection for or retention in judicial office by election or appointment. A person becomes a candidate for judicial office as soon as he or she: (1) appoints or forms a campaign committee, (2) makes a public announcement of candidacy, (3) declares, files, or qualifies as a candidate with the election or appointment authority, or (4) authorizes solicitation or acceptance of campaign contributions or support. A person who is announced as the appointee to fill a judicial position by the Governor or other appointing authority, or who is certified as elected to a judicial position, continues to be a judicial candidate until he or she is sworn into office. Judicial candidates who do not currently hold judicial office are subject to the same Code provisions as judges pro tempore.
Misconduct means any conduct by a judge constituting grounds for discipline. See Rule 6.A.
Private Admonition means a non-public sanction imposed on a judge by the Investigative Panel with the consent of the judge. See Rule 6.B (6).
Proceedings means all steps in the discipline and incapacity system set forth in these Rules.
Public Reprimand means a reprimand by the Supreme Court in the form of a written decision, which shall be imposed in person in open court by a judge selected by the Supreme Court.
Reasonable Cause means a reasonable ground for belief in the existence of facts warranting the filing of formal charges for discipline or a petition for transfer to incapacity inactive status.
Record means all documents filed in the case beginning with the formal charges. The record includes a transcript of the hearing on the formal charges only if a transcript is requested by the respondent, Director, Hearing Panel, or Supreme Court.
Respondent means a judge or former judge against whom formal charges have been filed.
Screening means examination of a complaint or other information coming to the attention of the Director to determine whether the Commission has jurisdiction and whether the information would constitute judicial misconduct or incapacity if true. See Rule 17.
Supreme Court means the Supreme Court of Georgia.
Special Counsel means any member(s) of the Georgia Bar designated by the Investigative Panel to assist in the investigation and prosecution of disciplinary or incapacity matters before the Investigative Panel, Hearing Panel, or Supreme Court.