Rule 4-216 Proceedings Before the State Disciplinary Review Board
Rule Text
(a) Upon receipt of the record and exceptions to the report of the Special Master pursuant to Rule 4-214, the State Disciplinary Review Board shall consider the record, review findings of fact and conclusions of law, and determine whether a recommendation of disciplinary action will be made to the Supreme Court of Georgia and the nature of such recommended discipline. The findings of fact made by a Special Master may be reversed if the State Disciplinary Review Board finds them to be clearly erroneous or manifestly in error. Conclusions of law and determinations of appropriate sanctions shall be reviewed de novo.
(b) The respondent shall have the right to challenge the competency, qualifications, or objectivity of any member of the State Disciplinary Review Board considering the case under a procedure as provided for in the Rules of the State Disciplinary Review Board.
(c) There shall be no de novo hearing before the State Disciplinary Review Board.
(d) The State Disciplinary Review Board may consider exceptions to the report of the Special Master and may in its discretion grant oral argument if requested by any party within 15 days of transmission of the record and exceptions to the State Disciplinary Review Board. Exceptions and briefs shall be filed with the Clerk of the State Disciplinary Boards, in accordance with Rule 4-214. The responding party shall have 30 days after service of the exceptions within which to respond.
(e) Within 90 days after receipt of the record including any exceptions to the report of the Special Master and responses thereto the State Disciplinary Review Board shall file its report with the Clerk of the State Disciplinary Boards. The 90-day deadline may be extended by agreement of the parties or with the consent of the Chair of the State Disciplinary Review Board for good cause shown. A copy of the State Disciplinary Review Board’s report shall be served upon the respondent, and the Clerk shall file the record in the case with the Supreme Court of Georgia within 10 days after the report is filed. If no report is filed by the State Disciplinary Review Board within 90 days of receipt by it of the record and no extension is granted, the Clerk shall file the original record in the case with the Clerk of the Supreme Court of Georgia, and the case shall be considered by the Court on the record.