Rule 14 - Oaths; Subpoena PowerA.Oaths. Oaths and affirmations may be administered by any member of the Commission or the Director in matters under full investigation or any other person authorized by law.B.Subpoenas for Investigation. After a full investigation is authorized pursuant to Rule 17.B (3), the Director or the chairperson may compel by subpoena the attendance of the judge or witnesses and the production of pertinent books, papers, and documents for purposes of investigation. The Investigative Panel may issue subpoenas for specific witnesses or documents at the request of a judge under investigation.C.Subpoenas for Deposition or Hearing. After formal charges are filed, the Director and the respondent may compel by subpoena the attendance of witnesses and the production of pertinent books, papers, and documents at a deposition or hearing held under these Rules.D.Enforcement of Subpoenas. Upon proper application, the Superior Court in the county in which the attendance or production is required may enforce the attendance and testimony of any witnesses and the production of any documents subpoenaed.E.Quashing Subpoena. Any attack on the validity of a subpoena shall be heard and determined by the Investigative Panel or the Hearing Panel before which the matter is then pending or by the court wherein enforcement of the subpoena is being sought. Any resulting order is not appealable prior to entry of a final order in the proceeding, except appeal of a court order pursuant to the interlocutory appeal procedures set forth in OCGA § 5-6-34(b).F.Witnesses and Fees. Subpoena fees and costs shall be the same as those provided for in proceedings in Superior Court.R. Judi. Qual. Commi. Ga. 14
Adopted effective January 1, 2018.Commentary
A judge presiding over an action to enforce or quash a subpoena should be cognizant of the rules governing disqualification in the Georgia Code of Judicial Conduct and applicable case law, particularly if the judge who is a party to the action serves in the same judicial circuit.