R. Judi. Qual. Commi. Ga. 12
Information submitted to the Commission or its staff, and testimony given in any proceeding before the Commission or one of its panels, shall be absolutely privileged, and no civil action predicated upon such information or testimony shall be instituted against any complainant, witness, or his or her counsel. See OCGA § 15-1-21(m).
R. Judi. Qual. Commi. Ga. 12
Commentary
[1] This Rule does not cover immunity from criminal prosecution. Immunity from criminal prosecution for witnesses in judicial disciplinary proceedings is covered by Rule 17.E. It is crucial that persons with information about misconduct feel free to bring matters to the Commission. Complainants and witnesses will not come forward without some protection.
[2] Complainants, witnesses, and their counsel should be granted absolute immunity, as qualified immunity does not protect against the threat of a civil lawsuit because it does not apply to acts done with malice. The judge may file suit alleging malice and force the complainant or witness to undergo the expense of defending the suit. Qualified immunity therefore does not serve to encourage cooperation with the disciplinary process.
[3] Immunity from civil action attaches only to communications made to the Commission or its staff and to testimony given in the proceeding. If the complainant or witness publicly discloses the information, immunity does not apply to the public disclosure. The complainant, witness, or attorney remains liable in a civil action if he or she publicly makes a false allegation about a judge.
[4] Commission members and staff must be free from harassment. They have immunities from civil suits pursuant to the Georgia Tort Claims Act, OCGA § 50-21-20 et seq., the official immunity provision of Article I, Section II, Paragraph IX (d) of the Georgia Constitution of 1983, and the common law of quasi-judicial immunity. These immunities assure the independence of the Commission and eliminate a major deterrent to service on it.