R. Judi. Qual. Commi. Ga. 15

As amended through October 9, 2024

Rule 15 - Interim Suspension

A.Indictment for Felony. Upon indictment of any judge for a felony by a grand jury of this state or of the United States, the Attorney General or district attorney shall transmit a certified copy of the indictment to the Hearing Panel of the Commission.

(1) The Hearing Panel shall, subject to subsection (A) (2) of this Rule, review the indictment, and if the Hearing Panel determines that the indictment relates to and adversely affects the administration of the office of this indicted judge and that the rights and interests of the public are adversely affected thereby, the Hearing Panel, on behalf of the Commission, shall suspend the judge immediately and without further action pending the final disposition of the case or until the expiration of the judge's term of office, whichever occurs first. During the term of office to which such judge was elected and in which the indictment occurred, if a nolle prosequi is entered, if the public official is acquitted, or if after conviction the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the judge shall be immediately reinstated to the office from which he or she was suspended. While a judge is suspended under this subsection and until initial conviction by the trial court, the judge shall continue to receive the compensation from his or her office. After initial conviction by the trial court, the judge shall not be entitled to receive the compensation from his or her office. If the judge is reinstated to office, he or she shall be entitled to receive any compensation withheld under the provisions of this subsection. For the duration of any suspension under this subsection, the Governor shall appoint a replacement judge. Upon a final conviction with no appeal or review pending, the office shall be declared vacant and a successor to that office shall be chosen as provided in the Georgia Constitution or the laws enacted in pursuance thereof.

(2) The Hearing Panel shall not review the indictment for a period of 14 days from the day the indictment is received. This period of time may be extended by the Hearing Panel. During this period of time, the indicted judge may, in writing, authorize the Hearing Panel to suspend him or her from office. Any such voluntary suspension shall be subject to the same conditions for review, reinstatement, or declaration of vacancy as are provided in this subsection for a non-voluntary suspension.

(3) After any suspension is imposed under this subsection, the suspended judge may petition the Hearing Panel for a review. If the Hearing Panel determines that the judge should no longer be suspended, he or she shall immediately be reinstated to office.

(4) The findings and records of the Commission and the fact that the public official has or has not been suspended shall not be admissible in evidence in any court for any purpose. The finding and records of the Commission shall not be open to the public.

(5) Reserved.

(6) If a judge who is suspended from office under the provisions of this subsection is not first tried at the next regular or special term following the indictment, the suspension shall be terminated and the judge shall be reinstated to office. The judge shall not be reinstated under this provision if he or she is not so tried based on a continuance granted upon a motion made only by the defendant.

B.Conviction of Felony. Upon initial conviction of any judge for any felony in a trial court of this state or the United States, regardless of whether the judge has been suspended previously under subsection (A) of this Rule, such judge shall be immediately and without further action suspended from office. While a judge is suspended from office under this subsection, he or she shall not be entitled to receive the compensation from his or her office. If the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the judge shall be immediately reinstated to the office from which he or she was suspended and shall be entitled to receive any compensation withheld under the provisions of this subsection. For the duration of any suspension under this subsection, the Governor shall appoint a replacement judge. Upon a final conviction with no appeal or review pending, the office shall be declared vacant and a successor to that office shall be chosen as provided in the Georgia Constitution or the laws enacted in pursuance thereof.

C.Other Grounds. Except as provided in subsections (A) and (B) of this Rule, upon motion by the Investigative Panel and receipt of sufficient evidence demonstrating that a judge poses a substantial threat of serious harm to the public or to the administration of justice, which may include evidence that the judge has been charged with or convicted of a crime under circumstances not covered by subsection (A) or (B) of this Rule, the Supreme Court may suspend the judge with pay or transfer the judge to incapacity inactive status with pay pending a final determination in any proceeding under these Rules.

D.Motion for Reconsideration. A judge suspended or transferred to incapacity inactive status under subsection (C) of this Rule may apply to the Supreme Court for reconsideration of the order. The Supreme Court may direct the Hearing Panel to conduct an expedited proceeding and make a recommendation on such motion for reconsideration.

E.Effect on Commission Action. Interim suspension of a judge shall not preclude action by the Commission on the same conduct that was the basis for a criminal charge. Acquittal, dismissal, or conviction of the criminal charge shall not preclude proceedings by the Commission on the conduct that was the basis for the charge. If a judge is suspended or transferred to interim inactive status pursuant to subsection (C) of this Rule the Commission shall expedite his or her disciplinary proceedings.

R. Judi. Qual. Commi. Ga. 15

Adopted effective January 1, 2018.

Commentary

[1] The procedures regarding a judge who is indicted for or convicted of a felony are established by Article VI, Section VII, Paragraph VII (b) and (c) of the Georgia Constitution of 1983, which are incorporated into subsections (A) and (B) of this Rule.

[2] In determining whether to proceed on a disciplinary complaint when criminal charges have been filed, the Director and the Investigative Panel should consider the effect that a disciplinary investigation might have on the criminal investigation. Where it is appropriate, the Director should consult with the criminal prosecutor or law enforcement authority before proceeding.

[3] If the judge is found not guilty or if the judge's conviction is reversed on appeal, the Supreme Court should review the order of interim suspension and either continue it under Rule 15 or vacate it. An acquittal or dismissal does not preclude proceedings by the Commission because the standard of proof for judicial discipline requires clear and convincing evidence, not proof beyond a reasonable doubt, and because the alleged conduct may constitute grounds for misconduct under Rule 6.A but not be a violation of the criminal laws.

[4] Certain alleged misconduct poses such an immediate threat to the public or the administration of justice that the judge should be suspended from the bench immediately, pending a final determination of the ultimate discipline to be imposed. Interim suspension is also appropriate when the judge's continuing conduct is causing or is likely to cause serious harm to the administration of justice.

[5] In such cases, it is appropriate for the Supreme Court to impose an interim suspension or transfer to incapacity status to maintain public confidence in the judiciary. See Rule 26 regarding cases in which a member of the Supreme Court is charged with a crime. Additional review of such an interim suspension or transfer to incapacity status may be provided on motion for reconsideration by the Supreme Court, which may first direct the Hearing Panel to conduct an expedited proceeding on the matter and to make a recommendation, particularly where development of a factual record is required.