A.Scheduling. Upon receipt of the respondent's answer or upon expiration of the time to answer, the presiding officer of the Hearing Panel shall confer with the Director and respondent about scheduling discovery, motions, and a public hearing. The presiding officer shall issue and file an order with the Clerk of the Supreme Court setting the date, time, and place of the hearing and shall serve such order on the Director, the respondent or respondent's counsel, and other members of the Hearing Panel at least 20 days prior to the date set. The presiding officer may also conduct status and pre-hearing conferences and, in consultation with the other members of the Hearing Panel, may issue pre-hearing orders and other orders necessary for the just and efficient conduct of the hearing.B.Withdrawal or Dismissal of Formal Charges by the Director Prior to Hearing.(1) Withdrawal of Formal Charges. At any point prior to beginning the public hearing, the Director, with authorization from the Investigative Panel, may file a notice withdrawing the formal charges from the Hearing Panel based upon newly discovered information or evidence.(2) Dismissal of Formal Charges Without Prejudice. At any point prior to beginning the public hearing, the Director, with authorization from the Investigative Panel and with the approval of the Hearing Panel, may file a notice dismissing the formal charges without prejudice for reasons of judicial economy or other good cause shown. A dismissal under this section shall be without prejudice, and the Director may reinstate a disciplinary matter by re-filing formal charges should the circumstances that warranted the dismissal of formal charges change.(3) Confidentiality. After formal charges have been withdrawn or dismissed as described above, any filings before the Hearing Panel or Supreme Court prior to the withdrawal or dismissal of the formal charges shall remain subject to disclosure to the public. Any proceedings before the Investigative Panel after a withdrawal or dismissal of formal charges shall remain confidential, until or unless formal charges are again filed on the same matter, in which case Rule 11.B (2) will again apply.C.Conduct of Hearing.(1) The hearing shall be conducted by the Hearing Panel, the members of which shall be present in person. See Rule 3.A. (2) The Director shall present evidence on the formal charges. All testimony shall be under oath. (3) The Director may call the respondent as a witness. (4) Both parties shall be permitted to present evidence and produce and cross-examine witnesses. (5) The hearing shall be recorded verbatim. Whenever a transcript is requested by the respondent, the Director, the Hearing Panel, or the Supreme Court, a transcript of the hearing shall be produced promptly. (6) The Hearing Panel may request from the Director and the respondent proposed findings, conclusions, and recommendations for sanctions or dismissal.D.Dismissal or Recommendation for Sanction. The Hearing Panel shall either dismiss the case or recommend a sanction to the Supreme Court. The Hearing Panel shall decide a matter only upon the concurrence of at least two members of the panel.E.Submission of the Report and Record. Within 30 days after the hearing or after the filing of the transcript if one was requested, the Hearing Panel shall file with the Supreme Court the record of the proceeding and a report setting forth a written summary, proposed findings of fact, conclusions of law, any minority opinions, and the order of dismissal or recommendation for sanction. The Hearing Panel shall at the same time serve the report and a copy of the proposed record upon the respondent and the Director. If the respondent or the Director has objections to the proposed record, he or she may have the record settled by the Hearing Panel's presiding officer. See OCGA § 15-1-21(n).F.Notice of Exceptions. Within 20 days of receipt of the Hearing Panel's report, the respondent and the Director may file with the Supreme Court notice of exceptions to the findings, conclusions, or recommendations for sanction or order of dismissal of the Hearing Panel. The failure to file notice of exceptions constitutes acceptance of the findings of fact, conclusions of law, and order of dismissal or recommendation for sanction.R. Judi. Qual. Commi. Ga. 24
Adopted effective 1/1/2018; amended effective 2/3/2023.Commentary
[1] Under these Rules, the Investigative Panel determines whether the Director has sufficient grounds to conduct a full investigation. After investigation, the Investigative Panel determines whether reasonable cause exists to believe misconduct was committed. After the Hearing Panel conducts the hearing, it determines whether to recommend discipline to the Supreme Court or to dismiss the case.
[2] If formal charges are not answered and are deemed admitted, or if the respondent fails to appear, the hearing shall be for the purpose of determining the appropriate sanction. See Rule 21.
[3] A disciplinary proceeding is not a criminal proceeding. The respondent may not decline to testify but may claim the protection of the Fifth Amendment. However, the Hearing Panel may make a negative inference upon a failure to testify.
[4] The Director and the respondent are encouraged to stipulate to any issue of fact or law so as to shorten the time for the hearing.