Rule 4-209. Docketing by Supreme Court; Appointment of Special Master; Challenges to Special Master

(a) Upon receipt of a finding of probable cause, a petition for appointment of a special master and proposed order thereon and a formal complaint from the Investigative Panel, the Clerk of the Georgia Supreme Court shall file the matter in the records of the Court, give the matter a docket number and notify the Court that appointment of a special master is appropriate. In those proceedings where a Notice of Discipline has been filed, the finding of probable cause need not be filed.

(b) Upon receipt of a petition/motion for appointment of a special master or notification that a special master previously appointed has been disqualified, the Court will nominate a special master to conduct formal disciplinary proceedings in such complaint within fourteen days. The Court shall select as special masters experienced members of the State Bar of Georgia who possess a reputation in the Bar for ethical practice; provided, that a special master may not be appointed to hear a complaint against a respondent who resides in the same circuit as that in which the special master resides.

(c) Upon being advised of appointment of a special master by the Court, the Clerk of the Court shall return the original notice of discipline, rejection of notice of discipline, if applicable, formal complaint, probable cause finding, petition for appointment of special master and the signed order thereon to the Office of General Counsel of the State Bar of Georgia. Upon notification of the appointment of a special master, the State Bar shall immediately serve the respondent with the order of appointment of a special master and with its formal complaint as hereinafter provided.

(d) Within ten days of service of the notice of appointment of a special master, the respondent and the State Bar shall lodge any and all objections or challenges they may have to the competency, qualifications or impartiality of the Special Master with the chairperson of the Review Panel. A copy of the objections or challenges shall be served upon the opposing counsel and the Special Master, who may respond to such objections or challenge. The chairperson of the Review Panel shall, within fifteen days, consider the challenges, the responses of counsel and of the Special Master, if any, determine whether the Special Master is disqualified and notify the parties and the Special Master of his decision. Exceptions to the chairperson's denial of disqualification are subject to review by the entire Review Panel and, thereafter, by the Supreme Court when exceptions arising during the evidentiary hearing and exceptions to the report of the Special Master and the Review Panel are properly before the Court. In the event of disqualification of a Special Master by the chairperson of the Review Panel, the Clerk of the Supreme Court, the Special Master and the parties shall be notified of the disqualification and nomination of a successor Special Master shall proceed as provided in this rule.