(A) Judges who receive information indicating a substantial likelihood that another judge has committed a violation of this Code should take appropriate action. Judges having knowledge that another judge has committed a violation of this Code that raises a substantial question regarding the judge's honesty, trustworthiness, or fitness for office shall inform the appropriate authority. (B) Judges who receive information indicating a substantial likelihood that a lawyer has committed a violation of the Rules of Professional Conduct of the State Bar of Georgia should take appropriate action. Judges having knowledge that a lawyer has committed a violation of the Rules of Professional Conduct of the State Bar of Georgia that raises a substantial question as to the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects shall inform the appropriate authority. (C) Acts of judges in the discharge of disciplinary responsibilities, required or permitted by Rule 2.15 (A) and Rule 2.15 (B), are part of their judicial duties and shall be absolutely privileged.(D)A judge who is arrested for or has been charged by way of indictment, information, or complaint with a serious crime, shall inform the appropriate authority in writing within five days of being arrested or being charged.Commentary:
[1] Taking action to address known misconduct is a judge's obligation. Cooperation with appropriate authorities, as required by this Rule, in the investigations and proceedings of judicial and lawyer disciplinary agencies instills public confidence in judges' commitment to the integrity of the judicial system and the protection of the public.
[2] Rule 2.15 (A) requires judges to inform the appropriate authority of another judge's violation of the Code of Judicial Conduct, if the violation raises a substantial question of fitness for office and if the violation is actually known to the reporting judge.
[3] Rule 2.15 (B) also requires judges to report to the State Bar of Georgia any violation by a lawyer of the Rules of Professional Conduct, if the violation raises a substantial question of the lawyer's fitness as a lawyer and, again, if the violation is actually known to the reporting judge.
Ga. Code. Jud. Cond. 2.15
Adopted effective January 1, 2016.