Rule 26 - Complaint Against a Justice of the Supreme CourtA.Proceedings Generally. A complaint against a Justice of the Supreme Court, including a complaint alleging incapacity, shall proceed in the same manner as a complaint against any other judge, except as set forth in this Rule.B.Special Supreme Court. Upon either a motion by the Director or the Supreme Court's own motion for interim suspension of a Justice pursuant to Rule 15.A, or a finding of reasonable cause to believe a Justice committed misconduct or has an incapacity by the Investigative Panel under Rule 17.B (2), a special supreme court shall be constituted. The special supreme court shall consist of nine judges selected from the list of judges maintained by the Supreme Court and routinely used to select replacement Justices when a Justice is disqualified from or not participating in a case. See Supreme Court Rule 57.R. Judi. Qual. Commi. Ga. 26
Adopted effective January 1, 2018.Commentary
[1] The Supreme Court is a collegial body. Granting it the authority to discipline its own members would create appearances of impropriety and of conflicts of interest. This Rule provides for the selection of a special supreme court to serve in this situation, comprised of judges who have been deemed qualified to decide other Supreme Court cases when Justices are disqualified.
[2] As in other cases, the Investigative Panel and the Justice may agree to a deferred discipline agreement, private admonition, or agreement to resign or retire. See Rule 17.D.
[3] Nothing in these Rules is intended to preclude the General Assembly from initiating impeachment proceedings against a Justice under its constitutional authority.