Rule 4-106 Conviction of a Crime; Suspension and Disbarment
Rule Text
(a) Upon receipt of information or evidence that a conviction for any felony or misdemeanor involving moral turpitude has been entered against a lawyer, the Clerk of the State Disciplinary Boards shall immediately assign the matter a State Disciplinary Board docket number. The Office of the General Counsel shall petition the Supreme Court of Georgia for the appointment of a Special Master to conduct a show cause hearing.
(b) The petition shall show the date of the conviction and the court in which the conviction was entered, and shall be served upon the respondent pursuant to Rule 4-203.1.
(c) Upon receipt of the Petition for Appointment of Special Master, the Clerk of the Supreme Court of Georgia shall file the matter in the records of the Court, shall assign the matter a Supreme Court docket number, and shall notify the Coordinating Special Master that appointment of a Special Master is appropriate.
(d) The Coordinating Special Master shall appoint a Special Master, pursuant to Rule 4-209 (b).
(e) The show cause hearing should be held within 15 days after service of the Petition for Appointment of Special Master upon the respondent or appointment of a Special Master, whichever is later. Within 30 days of the hearing, the Special Master shall file a report and recommendation with the Clerk of the State Disciplinary Boards. A copy of the report and recommendation shall be served upon the respondent. The Clerk shall file the record in the case with the Supreme Court of Georgia within 10 days after the report and recommendation is filed. The Supreme Court of Georgia may order such discipline as deemed appropriate.
(f) If the Supreme Court of Georgia orders the respondent suspended pending any appeal, upon the termination of the appeal (or expiration of time for appeal if no appeal is filed) the State Bar of Georgia may petition the Special Master to conduct a hearing for the purpose of determining whether the circumstances of the termination of the appeal indicate that the suspended respondent should: (1) be disbarred under Rule 8.4; or (2) be reinstated; or (3) remain suspended pending retrial as a protection to the public; or (4) be reinstated while the facts giving rise to the conviction are investigated and, if proper, prosecuted under regular disciplinary procedures in these Rules.
(g) For purposes of this Rule, a certified copy of a conviction in any jurisdiction shall be prima facie evidence of a violation of Rule 8.4 of Rule 4-102 and shall be admissible in proceedings under the disciplinary rules.