Rule 4-221 Hearing Procedures

(a) Oaths. Before entering upon his duties as herein provided, each member of the State Disciplinary Board, each member of the State Disciplinary Review Board, and each Special Master shall swear or affirm to the following oath by signing a copy and returning it to the Clerk of the Boards or to the Clerk of the Supreme Court of Georgia, as appropriate.

“I do solemnly swear or affirm that I will faithfully and impartially discharge and perform all of the duties incumbent upon me as a member of the State Disciplinary Board of the State Bar of Georgia/member of the State Disciplinary Review Board of the State Bar of Georgia/Special Master according to the best of my ability and understanding and agreeable to the laws and Constitution of this State and the Constitution of the United States.” The Clerk of the Boards shall maintain the completed Oaths of Board members, and the Clerk of the Supreme Court of Georgia shall file the completed Oaths of Special Masters.

(b) Pleadings and Copies. Original pleadings shall be filed with the Clerk of the Boards at the headquarters of the State Bar of Georgia, and the parties shall serve copies upon the Special Master and the opposing party pursuant to the Georgia Civil Practice Act. Depositions and other original discovery shall be retained by counsel and shall not be filed except as permitted under the Uniform Superior Court Rules.

(c) Witnesses and Evidence; Contempt.

(1) The Respondent and the State Bar of Georgia shall have the right to require the issuance of subpoenas for the attendance of witnesses to testify or to produce books and papers. The Special Master shall have the power to compel the attendance of witnesses and the production of books, papers, and documents relevant to the matter under investigation, by subpoena, and as further provided by law in civil cases under the laws of Georgia.

(2) The following shall subject a person to rule for contempt of the Special Master or State Disciplinary Board: (i) disregard, in any manner whatsoever, of a subpoena issued pursuant to Rules 4-203 (9), 4-210 (h), or 4-221 (c) (1); (ii) refusal to answer any pertinent or proper question of a Special Master; or (iii) willful or flagrant violation of a lawful directive of a Special Master. It shall be the duty of the Chair of the State Disciplinary Board or Special Master to report the facts supporting contempt to the Chief Judge of the Superior Court in and for the county in which the investigation, trial or hearing is being held. The Superior Court shall have jurisdiction of the matter and shall follow the procedures for contempt as are applicable in the case of a witness subpoenaed to appear and give evidence on the trial of a civil case before the Superior Court under the laws in Georgia.

(3) Any Special Master shall have power to administer oaths and affirmations and to issue any subpoena herein provided for.

(4) Depositions may be taken by the respondent or the State Bar of Georgia in the same manner and under the same provisions as may be done in civil cases under the laws of Georgia, and such depositions may be used upon the trial or an investigation or hearing in the same manner as such depositions may be used in civil cases under the laws of Georgia.

(5) All witnesses attending any hearing provided for under these Rules shall be entitled to the same fees as now are allowed by law to witnesses attending trials in civil cases in the Superior Courts of this State under subpoena.

(6) Special Masters have the inherent authority and responsibility to maintain order in the tribunal. This power extends to addressing disruptive conduct that interferes with the proceedings. In situations involving disruptive conduct during a hearing before the Special Master, the Special Master may take various actions to maintain order, including, but not limited to:

(i) Issuing a warning to individuals engaging in disruptive behavior, informing them that if they persist, further action may be taken; or

(ii) Adjourning or terminating a hearing upon a finding that a party, non-party, or their counsel has engaged in disruptive conduct that interferes with the proceeding; and

(iii) Keeping the record open upon termination of a hearing and directing the parties to submit evidence and argument via written submissions including, but not limited to, testimony by affidavit.

(d) Venue of Hearings.

(1) The final evidentiary hearing on all complaints and charges against a resident respondent shall be held in the county of the respondent’s main office or the county of residence of the respondent unless the respondent otherwise agrees.

(2) Where the respondent is a nonresident of the State of Georgia and the complaint arose in the State of Georgia, the final evidentiary hearing shall be held in the county where the complaint arose or in the county of the State Bar of Georgia headquarters.

(3) When the respondent is a nonresident of the State of Georgia and the offense occurs outside the State, the final evidentiary hearing shall be held in the county of the State Bar of Georgia headquarters.

(4) When the respondent is incarcerated or is otherwise under sentence or judicial order that makes it impracticable to conduct a hearing in the county of the respondent’s main office or the county of residence of the respondent, such hearing shall be held in any county where the respondent is then-incarcerated, in a county in the same federal judicial district as any of the counties where a hearing would have otherwise been proper under (d)(1), or in the county of the State Bar of Georgia headquarters, with the appropriate county selected by the Special Master taking into account the availability and proximity of the respondent and any necessary witnesses.

(5) The Special Master is permitted to conduct any hearing that is not the final evidentiary hearing via live video conferencing, live telephonic conferencing, or in-person in the county of residence of the respondent, in the county where the complaint arose, or in the county of the State Bar of Georgia headquarters.