In re Posey

Supreme Court of Georgia

In re Posey

402 S.E.2d 736, 261 Ga. 167, 1991 Ga. LEXIS 178

Supreme Court of Georgia·Decided April 11, 1991·No. Supreme Court Disciplinary No. 828·Published

Opinion

Per curiam.

On October 22,1990, a formal complaint was filed against respondent, and he thereafter moved for a jury trial as a matter of right pursuant to former State Bar of Georgia Rule 4-214. The State Disciplinary Board opposed the motion, contending respondent must follow the discretionary procedure pursuant to current Bar Rule 4-214, effective January 1, 1991.

We hold that where, as in this case, the formal complaint was filed before the effective date of current Rule 4-214, the respondent is entitled to move for a jury trial under former Rule 4-214. The current rule applies where the formal complaint has been filed on or after January 1, 1991.

Motion for jury trial granted.

All the Justices concur.

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Per curiam.

On October 22,1990, a formal complaint was filed against respondent, and he thereafter moved for a jury trial as a matter of right pursuant to former State Bar of Georgia Rule 4-214. The State Disciplinary Board opposed the motion, contending respondent must follow the discretionary procedure pursuant to current Bar Rule 4-214, effective January 1, 1991.

We hold that where, as in this case, the formal complaint was filed before the effective date of current Rule 4-214, the respondent is entitled to move for a jury trial under former Rule 4-214. The current rule applies where the formal complaint has been filed on or after January 1, 1991.

Motion for jury trial granted.

All the Justices concur.

In re Posey, 402 S.E.2d 736, 261 Ga. 167, 1991 Ga. LEXIS 178 (Ga. 1991).

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