Rule 4-227 Petitions for Voluntary Discipline
Rule Text
(a) A Petition for Voluntary Discipline shall contain admissions of fact and admissions of conduct in violation of Part IV, Chapter 1 of these Rules sufficient to authorize the imposition of discipline.
(b) Prior to the issuance of a formal complaint, a respondent may submit a Petition for Voluntary Discipline seeking any level of discipline authorized under these Rules.
(1) Those petitions seeking confidential discipline shall be served on the Office of the General Counsel and assigned to a member of the State Disciplinary Board. The State Disciplinary Board shall conduct an investigation and determine whether to accept or reject the petition as outlined at Rule 4-203 (7).
(2) Those petitions seeking public discipline shall be filed directly with the Clerk of the Supreme Court of Georgia. The Office of the General Counsel shall have 30 days within which to file a response. The Supreme Court shall issue an appropriate order.
(c) After the issuance of a formal complaint a respondent may submit a Petition for Voluntary Discipline seeking any level of discipline authorized under these Rules.
(1) For petitions seeking a level of discipline other than disbarment or voluntary surrender of the respondent’s license to practice law submitted after issuance of a formal complaint, the procedure shall be as follows:
(i) The petition shall be filed with the Clerk of the State Disciplinary Boards at the headquarters of the State Bar of Georgia and copies served upon the Special Master and all parties to the disciplinary proceeding. The Special Master shall allow the Office of the General Counsel 30 days within which to respond. The Office of the General Counsel may assent to the petition or may file a response, stating objections and giving the reasons therefor. The Office of the General Counsel shall serve a copy of its response upon the respondent.
(ii) The Special Master shall consider the petition, the State Bar of Georgia’s response, and the record as it then exists and may accept or reject the Petition for Voluntary Discipline.
(iii) The Special Master may reject a petition for such cause or causes as seem appropriate to the Special Master. Such causes may include but are not limited to a finding that: (a) the petition fails to contain admissions of fact and admissions of conduct in violation of Part IV, Chapter 1 of these Rules sufficient to authorize the imposition of discipline; (b) the petition fails to request appropriate discipline; (c) the petition fails to contain sufficient information concerning the admissions of fact and the admissions of conduct; (d) the record in the proceeding does not contain sufficient information upon which to base a decision to accept or reject.
(iv) The Special Master’s decision to reject a Petition for Voluntary Discipline does not preclude the filing of a subsequent petition and is not subject to review by the Supreme Court of Georgia. If the Special Master rejects a Petition for Voluntary Discipline, the disciplinary case shall proceed as provided by these Rules.
(v) The Special Master may accept the Petition for Voluntary Discipline by entering a report making findings of fact and conclusions of law and delivering same to the Clerk of the State Disciplinary Boards. The Clerk of the State Disciplinary Boards shall file the report and the complete record in the disciplinary proceeding with the Clerk of the Supreme Court of Georgia. A copy of the Special Master’s report shall be served upon the respondent. The Court shall issue an appropriate order.
(2) For petitions seeking disbarment or voluntary surrender of the respondent’s licenses to practice law submitted after issuance of a formal complaint, those petitions shall be filed directly with the Clerk of the Supreme Court of Georgia, with copies served on the Clerk of the State Disciplinary Boards, the Special Master, and all parties to the proceeding. The Office of the General Counsel shall have 30 days within which to file an appropriate response. The Supreme Court shall issue an appropriate order. All matters pending before the Special Master shall be stayed and tolled during the time that the petition is pending before the Supreme Court of Georgia.
(3) Pursuant to Rule 4-210 (e), the Special Master may, in his discretion, extend any of the time limits in these Rules in order to adequately consider a Petition for Voluntary Discipline.