Rule 4-101. Enforcement of the Georgia Rules of Professional Conduct [excerpts]

The State Bar of Georgia is hereby authorized to maintain and enforce, as set forth in rules hereinafter stated, Georgia Rules of Professional Conduct to be observed by the members of the State Bar of Georgia and those authorized to practice law in the state of Georgia and to institute disciplinary action in the event of the violation thereof.

4-201. State Disciplinary Board

The powers to investigate and discipline members of the State Bar of Georgia and those authorized to practice law in Georgia for violations of the Standards of Conduct set forth in Bar Rule 4-102 are hereby vested in
a State Disciplinary Board
and a Consumer Assistance Program.
The State Disciplinary Board shall consist of two panels.
The first panel shall be the Investigative Panel of the State Disciplinary Board (Investigative Panel).
The second panel shall be the Review Panel of the State Disciplinary Board (Review Panel). ...

(a) The Investigative Panel shall consist of
• the President-elect of the State Bar of Georgia and
• the President-elect of the Young Lawyers Division of the State Bar of Georgia,
• one member of the State Bar of Georgia from each judicial district of the State appointed by the President of the State Bar of Georgia with the approval of the Board of Governors of the State Bar of Georgia,
• one member of the State Bar of Georgia from each judicial district of the State appointed by the Supreme Court of Georgia,
• one at-large member of the State Bar of Georgia appointed by the Supreme Court,
• one at-large member of the State Bar of Georgia appointed by the President with the approval of the Board of Governors, and
• six public members appointed by the Supreme Court to serve as public members of the Panel.

(b) The Review Panel shall consist of
1. the Immediate Past President of the State Bar,
2. the Immediate Past President of the Young Lawyers Division or a member of the Young Lawyers Division designated by its Immediate Past President,
3. nine members of the State Bar, three from each of the three federal judicial districts of the State appointed as described below [filled in odd years by appointment by the President, with the approval of the Board of Governors, and in even years by appointment by the Supreme Court of Georgia], and
4. four public members appointed by the Supreme Court of Georgia.

Rule 4-202. Receipt of Grievances; Initial Review by Bar Counsel

(a) All grievances other than those initiated by the Supreme Court of Georgia, the Investigative Panel or inquiries which may be filed with the Consumer Assistance Program under Part XII of these Rules shall be first filed with the Office of the General Counsel of the State Bar of Georgia. The Office of the General Counsel shall require that oral grievances, and grievances illegibly or informally drawn, be reduced to a memorandum of grievance in such form as may be prescribed by the Investigative Panel.

(b) Upon receipt of a grievance in proper form, the Office of the General Counsel shall screen it to determine whether the grievance is unjustified, frivolous, patently unfounded or fails to state facts sufficient to invoke the disciplinary jurisdiction of the State Bar of Georgia. The Office of the General Counsel shall be empowered to collect evidence and information concerning any grievance and to add the findings and results of its investigation to the file containing such grievance. The screening process may include forwarding a copy of the grievance to the respondent in order that the respondent may respond to the grievance.

(c) Upon completion of its screening of a grievance, the Office of the General Counsel shall be empowered to dismiss those grievances which are unjustified, frivolous, patently unfounded or which fail to state facts sufficient to invoke the disciplinary jurisdiction of the State Bar of Georgia; provided, however, that a rejection of such grievances by the Office of the General Counsel shall not deprive the complaining party of any right of action he might otherwise have at law or in equity against the respondent. Those grievances which appear to allege any violation of Part IV, Chapter 1 of the State Bar Rules shall be forwarded to the Investigative Panel or a subcommittee of the Investigative Panel according to Rule 4-204.1.

Rule 4-204. Preliminary Investigation by Investigative Panel-Generally

(a) Each grievance alleging conduct which appears to invoke the disciplinary jurisdiction of the State Disciplinary Board of the State Bar of Georgia shall be referred in accordance with Rule 4-204.1 by the Office of the General Counsel to the Investigative Panel or a subcommittee of the Investigative Panel for investigation and disposition in accordance with its rules. The Investigative Panel shall appoint one of its members to be responsible for the investigation. The Office of the General Counsel shall simultaneously assign a staff investigator to assist in the investigation. If the investigation of the Panel establishes probable cause to believe that the respondent has violated one or more of the provisions of Part IV, Chapter 1 of these rules, it shall:
(1) issue a letter of admonition;
(2) issue an Investigative Panel Reprimand;
(3) issue a Notice of Discipline; or
(4) refer the case to the Supreme Court of Georgia for hearing before a special master and file a formal complaint with the Supreme Court of Georgia, all as hereinafter provided.
All other cases may be either dismissed by the Investigative Panel or referred to the Fee Arbitration Committee or the Committee on Lawyer Impairment.
(b) The primary investigation shall be conducted by the staff investigators, the staff lawyers of the Office of the General Counsel, and the member of the Investigative Panel responsible for the investigation. The Board of Governors of the State Bar of Georgia shall fund the Office of the General Counsel so that the Office of the General Counsel will be able to adequately investigate and prosecute all cases.

Rule 4-204.4. Finding of Probable Cause; Referral to Special Master

(a) In all cases wherein the Investigative Panel, or subcommittee of the Panel, finds probable cause of the respondent’s violation of one or more of the provisions of Part IV, Chapter 1 of these rules and refers the matter to the Supreme Court for appointment of a special master, it shall file with the Clerk of the Supreme Court of Georgia the following documents in duplicate:
(1) notice of its finding of probable cause;
(2) a petition for the appointment of a special master and proposed order thereon;
(3) a formal complaint, as herein provided.

Rule 4-208.1. Notice of Discipline

(a) In any case where the Investigative Panel or a subcommittee of the Panel finds probable cause, the Panel may issue a Notice of Discipline imposing any level of public discipline authorized by these rules.
(b) Unless the Notice of Discipline is rejected by the respondent as provided in Rule 4-208.3, (1) the respondent shall be in default; (2) the respondent shall have no right to any evidentiary hearing; and (3) the respondent shall be subject to such discipline and further proceedings as may be determined by the Supreme Court.

Rule 4-208.3. Rejection of Notice of Discipline

(a) In order to reject The Notice of Discipline the respondent or the Office of General Counsel must file a Notice of Rejection of the Notice of Discipline with the Clerk of the Supreme Court of Georgia within thirty (30) days following service of the Notice of Discipline. ...
(c) The timely filing of a Notice of Rejection shall constitute an election for the Supreme Court to appoint a Special Master ...

Rule 4-208.4. Formal Complaint Following Notice of Rejection of Discipline

(a) The Office of the General Counsel shall file a formal complaint within thirty days following the filing of a Notice of Rejection. At the same time a Petition for Appointment of Special Master and proposed order thereon shall be filed. The Notice of Discipline shall operate as the notice of finding of probable cause by the Investigative Panel.

Rule 4-210. Powers and Duties of Special Masters

In accordance with these rules a duly appointed special master shall have the following powers and duties:
(a) to exercise general supervision over disciplinary proceedings assigned to him and to perform all duties specifically enumerated in these Rules;
(b) to pass on all questions concerning the sufficiency of the formal complaint;
(c) to conduct the negotiations between the State Bar of Georgia and the respondent, whether at a pretrial meeting set by the special master or at any other time;
(d) to receive and evaluate any Petition for Voluntary Discipline;
...
(h) to hear and determine action on the complaints ...
...
(k) to make findings of fact and conclusions of law as hereinafter provided and to submit his findings for consideration by the Review Panel

Rule 4-217. Report of the Special Master to the Review Panel
(a) Within thirty days from receipt of the transcript of the evidentiary hearing, the Special Master shall prepare a report which shall contain the following:
(1) findings of fact on the issues raised by the formal complaint, and
(2) conclusions of law on the issues raised by the pleadings of the parties; and
(3) a recommendation of discipline.

Rule 4-218. Findings by the Review Panel
(a) Upon receipt of the report from a Special Master pursuant to Rule 4-217(d), the Review Panel shall consider the record, make findings of fact and conclusions of law and determine whether a recommendation of disciplinary action will be made to the Supreme Court and the nature of such recommended discipline. The findings of fact and conclusions of law made by a Special Master shall not be binding on the Panel and may be reversed by it on the basis of the record submitted to the Panel by the Special Master.

Rule 4-219. Judgments and Protective Orders

(a) After either the Review Panel's report or the Special Master's report is filed with the Supreme Court, the respondent and the State Bar may file with the Court any written exceptions, supported by written argument, each may have to the report subject to the provisions of Rule 4-217(c). ... The court may grant oral argument on any exception filed with it upon application for such argument by a party to the disciplinary proceedings. The Court will promptly consider the report of the Review Panel or the Special Master, any exceptions, and any responses filed by any party to such exceptions, and enter judgment upon the formal complaint.