州纪律委员会 -亚洲最大娱乐平台

The 州纪律委员会 and Its Functions

The 州纪律委员会 is made up of volunteers who are appointed by the Supreme Court and the State Bar president for three-year terms. The lawyer members are assigned individual grievances to investigate, and the group serves almost like a grand jury that determines whether there is probable cause to believe that a lawyer’s conduct violated the 乔治亚州职业行为规则.

The Board’s work begins when the respondent lawyer is served with a Notice of Investigation. The Notice lists the specific rules that are involved in the investigation and must be served on the lawyer in accordance with the Bar Rules. The Respondent lawyer must submit a sworn, written response to the Notice of Investigation within 30 days after service. If the lawyer does not respond and if the lawyer is accused of violating a rule that carries a penalty of disbarment, Board may recommend that the lawyer be suspended from practice until the lawyer files a response. These “interim suspensions” are based solely on the lawyer’s failure to cooperate with the investigative process and not on the merits of the underlying case.

The Board member who is assigned to a particular investigation is responsible for gathering the information necessary to make a probable cause finding. They may also issue subpoenas for necessary documents, such as bank records. The Board meets at least eight times per year to consider cases.

The Board may take one of the following steps:

1. 解雇

If after investigation it does not appear that the lawyer has violated a Georgia Rule of Professional Conduct, 董事会将驳回申诉. In cases where there is a technical violation that has not resulted in harm to clients, Board may decide to dismiss with a letter of instruction regarding best practices to help the lawyer avoid client complaints in the future. Bar Rules require that the Bar destroy all record of a dismissed grievance after one year.

2. 警告信

A 警告信 is the lowest level of discipline. It is confidential and is used when the lawyer has committed a violation inadvertently or through ignorance of the rules. Letters of Admonition are also confidential, but the Bar may use the letter as an aggravating factor if the lawyer ever violates the rules again. A lawyer may reject imposition of a 警告信 and choose instead to have a judge (“special master”) decide the case.

3. 国家纪律委员会谴责

国家纪律委员会谴责 is also confidential discipline, but it is used in cases that warrant more than a 警告信. The Respondent lawyer is required to appear at a Board meeting and is reprimanded by the Chair in front of the entire Board. A lawyer may reject imposition of a Board Reprimand and choose instead to have a special master decide the case.

4. Finding of Probable Cause/Notice of 纪律

The Disciplinary Board may issue a Notice of 纪律 when the facts of a case are clear so that there is no need for a hearing before a special master. 在纪律通知单上, Board notifies the Supreme Court of its findings and asks the Court to impose a specific level of public discipline against the lawyer. The lawyer has the opportunity to reject the Notice and proceed to a hearing before a special master. 如果律师不拒绝该通知, Supreme Court decides the matter based on the information before it.

5. Finding of Probable Cause/Referral to Special Master

Click here for information regarding prosecutions by the 总法律顾问办公室. When there is probable cause to believe that the lawyer has violated the 乔治亚州职业行为规则 but there are still facts in dispute after investigation, Disciplinary Board may refer the matter to a special master for a hearing. In those cases, Bar’s 总法律顾问办公室 serves as the prosecutor in the case.

6. Evaluation for Mental Incapacity or Substance Abuse

律师公会规则第4-104条 allows the 州纪律委员会 to refer a lawyer for a medical or mental health evaluation if there are signs of mental illness, 认知障碍, 酗酒或滥用药物. The referral is confidential and the Board may hold disciplinary proceedings in order to have the lawyer evaluated. If the lawyer does not participate or cooperate with the evaluation, Board may take further action as it deems appropriate.

7. 紧急暂停

律师公会规则4-108 allows the 州纪律委员会 to ask that a lawyer be suspended on an emergency basis if the lawyer poses a substantial threat of harm to the public or to clients. The rule provides for an expedited hearing before a special master.

8. 转介到其他律师资源

The Board may also refer respondent lawyers to the 客户援助计划, 律师援助计划, 费用仲裁方案或者是法律实务管理课程.