R. Judi. Qual. Commi. Ga. 2

As amended through October 9, 2024

Rule 2 - The Judicial Qualifications Commission

A.Purpose. The Judicial Qualifications Commission shall administer the judicial discipline and incapacity system.

B.Jurisdiction.

(1) Judges. The Commission has jurisdiction over judges regarding allegations that misconduct occurred before or during service as a judge and regarding allegations of incapacity during service as a judge.

(2) Former Judges and Judicial Candidates. The Commission has continuing jurisdiction over former judges and Judicial Candidates regarding allegations that misconduct occurred during service as a judge or judicial candidate if a complaint is made within one year following service as a judge or judicial candidate.

C.Appointment of Members. The Commission shall consist of an Investigative Panel and a Hearing Panel, each of which shall include three categories of members:

(1) Judge: an elected or appointed public official who presides over a court of record;

(2) Attorney: a lawyer who has been an active status member of the State Bar of Georgia for at least 10 years and is a registered voter in this state; and

(3) Citizen: an individual who is neither an attorney nor a judge and who is a registered voter in this state. See OCGA § 15-1-21(f) (1).

The Investigative Panel shall consist of seven members, selected as follows:

(1) Two judge members, each appointed by the Supreme Court;

(2) Three attorney members, one appointed by the Governor, one appointed by the President of the Senate, and one appointed by the Speaker of the House of Representatives; and

(3) Two citizen members, one appointed by the President of the Senate and one appointed by the Speaker of the House of Representatives. See OCGA § 15-1-21(f) (3) (A).

The Hearing Panel shall consist of three members, selected as follows:

(1) One judge member appointed by the Supreme Court;

(2) One attorney member appointed by the Supreme Court; and

(3) One citizen member appointed by the Governor. See OCGA § 15-1-21(f) (4) (A).

The State Bar of Georgia may recommend to the respective appointing authorities a list of individuals for consideration to serve as attorney members of the Commission. See OCGA § 15-1-21(f) (2).

D.Senate Confirmation. The names of the appointees shall be submitted by the appointing authorities to the Senate no later than the third Monday in January. Any member appointed to the Commission shall serve until the Senate confirms such appointee, and if an individual's name is not submitted by such deadline, he or she shall not be eligible for confirmation. If an appointee is not confirmed by the Senate, the appointing authority shall promptly submit another appointee's name, notwithstanding the deadline expressed in the preceding sentence. If the Senate is not in session at the time an appointee's term begins or a vacancy is created, an appointee for such term or to fill such vacancy shall serve until his or her name can be submitted to the Senate and his or her appointment can be confirmed at the next regular legislative session. See OCGA § 15-1-21(g).

E.Terms. The terms of Commission members initially appointed for staggered terms beginning July 1, 2017, shall be as set forth in OCGA § 15-1-21(f) (3) (A) and (f) (4) (A). Successors to such members shall serve for a term of four years beginning on July 1 following their appointment and shall be eligible for reappointment to a second full term. A member appointed to an initial term of less than four years or to fill a vacancy may serve an additional two full terms. See OCGA § 15-1-21(f) (6).

F.Removal. Removal of a panel member for cause shall be by a unanimous vote of all of the appointing authorities for the members of that particular panel. As used in this Rule, the term "for cause" shall include indictment for or conviction of a felony or any offense involving moral turpitude; misconduct, malpractice, malfeasance, misfeasance, nonfeasance, or incapacity; failure to attend three or more panel meetings or hearings in a one-year period without good and sufficient reason; or abstaining from voting, unless recused. See OCGA § 15-1-21(i) (2).

G.Vacancies. A vacancy shall be created by operation of law when a Commission member no longer has the attorney, citizen, or judge designation for which he or she was appointed. Any vacancy for a member shall be filled by the appointing authority, and such appointee shall serve the balance of the vacating member's unexpired term; provided, however, that if the appointing authority fails to fill a vacancy within 60 days of being notified of such vacancy by the Commission, the Governor shall appoint a replacement member from the same category of member. See OCGA § 15-1-21(f) (6).

R. Judi. Qual. Commi. Ga. 2

Adopted effective January 1, 2018; amended effective November 1, 2018.

Commentary

[1] The Commission has jurisdiction over the conduct of judges that is alleged to be in violation of the Georgia Code of Judicial Conduct, whether the conduct occurs on or off the bench and whether the judge is full-time, part-time, or pro tempore. To the extent that the conduct of a judge (including a judicial candidate) who is a lawyer also implicates the Georgia Rules of Professional Conduct, the Commission has concurrent jurisdiction with the State Bar of Georgia.

[2] The Commission has jurisdiction over former judges to respond to complaints of misconduct that occurred before or during their service as a judge if a complaint is brought within one year following the last day of the judge's service. This continuing jurisdiction ensures that judges cannot avoid judicial discipline by resigning before information regarding their misconduct was made known to the Investigative Panel and thereafter seek judicial office with no record of misconduct, and that the Commission has jurisdiction over judicial candidates who lose elections but may seek judicial office in the future.

[3] Obviously, the Investigative Panel will exercise discretion in initiating an investigation of a former judge. Important factors the Investigative Panel may consider are the seriousness of the complaint, the likelihood that the judge will seek judicial office in the future, and the extent to which the matter can and will be appropriately handled by the State Bar of Georgia as a lawyer disciplinary matter.

[4] Suspension or removal, as authorized under Rule 6.B, may be imposed to allow the record to reflect that the judge who resigned or lost an election was determined to have engaged in conduct that warranted suspension or removal.

[5] Procedures for handling allegations against members of the Supreme Court are set out in Rule 26.

[6] The composition of the Commission, including its membership, appointing authorities, terms of office, and provisions for removal or vacancy of members, was previously determined in part by the Constitution and in part by the Commission Rules. These matters are now determined by statute. See OCGA § 15-1-21. Each category of Commission members (judges, attorneys, and citizens) should be represented on the Commission and its panels in order to balance viewpoints.