Ga. R. Prof. Cond. 4-203

As amended through October 9, 2024
Rule 4-203 - Powers and Duties

In accordance with these Rules, the State Disciplinary Board shall have the following powers and duties:

(1) to receive and evaluate any and all written grievances against lawyers and to frame such charges and grievances as shall conform to the requirements of these Rules. A copy of the information serving as the basis for investigation or proceedings before the State Disciplinary Board shall be furnished to the respondent by the procedures set forth in Rule 4-203.1 ;
(2) to initiate grievances on its own motion, to require additional information from a complainant, where appropriate, and to dismiss and reject matters that seem unjustified, frivolous, or patently unfounded;
(3) to issue letters of instruction when dismissing a matter;
(4) to delegate the duties of the State Disciplinary Board enumerated in paragraphs (1), (2), (8), (9), (10), and (11) hereof to the Chair of the State Disciplinary Board or such other members as the State Disciplinary Board or its Chair may designate subject to review and approval by the full State Disciplinary Board;
(5) to conduct Probable Cause investigations, to collect evidence and information concerning matters under investigation, and to certify matters to the Supreme Court of Georgia for hearings by Special Masters as hereinafter provided;
(6) to prescribe its own Rules of conduct and procedure;
(7) to receive, investigate, and collect evidence and information, and review and accept or reject Petitions for Voluntary Discipline pursuant to Rule 4-227(b) (1);
(8) to sign and enforce, as hereinafter described, subpoenas for the appearance of persons and the production of documents, things and records at investigations both during the screening process and the State Disciplinary Board's investigation;
(9) to issue a subpoena as provided in this Rule whenever a subpoena is sought in this State pursuant to the law of another jurisdiction for use in lawyer discipline or disability proceedings, where the issuance of the subpoena has been duly approved under the law of the other jurisdiction. Upon petition for good cause the State Disciplinary Board may compel the attendance of witnesses and production of documents in the county where the witness resides or is employed or elsewhere as agreed by the witness. Service of the subpoena shall be as provided in the Georgia Civil Practice Act. Enforcement or challenges to the subpoena shall be as provided at Rule 4-221(c);
(10) to extend the time within which a formal complaint may be filed;
(11) to issue Formal Letters of Admonition and Confidential Reprimands as hereinafter provided;
(12) to issue a Notice of Discipline providing that unless the respondent affirmatively rejects the notice, the respondent shall be sanctioned as ordered by the Supreme Court of Georgia;
(13) to refer a lawyer who appears to be impaired for an evaluation by an appropriate medical or mental health professional; and
(14) to use the staff of the Office of the General Counsel in performing its duties.

Ga. R. Prof. Cond. 4-203