To the State Bar of Georgia Disciplinary Board:

We, the undersigned, hereby petition for the emergency removal of Josh McKoon's law license pursuant to GA Bar Rule 4.108 and GA Bar Rule 8.4. As concerned citizens, we believe that Mr. McKoon's actions in his roles as Chairman of the Georgia Republican Party and CEO of the Georgia Republican Party, Inc., a non-profit corporation, constitute misconduct as defined by GA Bar Rule 8.4 and warrant immediate action by the State Bar of Georgia.

GA Bar Rule 8.4 states that it is professional misconduct for a lawyer to:

(a) violate or attempt to violate the Georgia Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

(c) engage in conduct involving dishonesty, fraud, deceit, or misrepresentation;

(d) engage in conduct that is prejudicial to the administration of justice;

We assert that Mr. McKoon has violated GA Bar Rule 8.4 through his actions. Specifically, he has failed to comply with the requirements of the Official Code of Georgia Title 21, Chapter 2, Article 3, Section 21-2-110, which states:

"The chief executive officer of each political party or body operating in this state shall, within 60 days after the date of its organization or after June 24, 1964, whichever is later, file with the Secretary of State a registration statement setting forth:

1. Its name and the date and place of its creation;

2. The general purposes for which it was created;

3. Certified copies of its charter, bylaws, rules, and regulations, and other documents of like dignity governing its organization and operation;

4. The address of its principal office;

5. The names, home addresses, and titles of the persons composing its governing committee and executive officers; and

6. Such other information as the Secretary of State may require as necessary or appropriate in the public interest."

By neglecting these legal obligations, Mr. McKoon has demonstrated a disregard for the law and engaged in conduct that is prejudicial to the administration of justice, violating GA Bar Rule 8.4(d).

Additionally, while the Articles of Incorporation for the Georgia Republican Party, Inc. are on file with the Georgia Secretary of State, there are no Articles of Incorporation filed for the Georgia Republican Party, which is a separate entity operating as a membership organization. Despite this lack of legal incorporation, Mr. McKoon continues to administer the bylaws of the Georgia Republican Party as if the organization is legally operating. This conduct suggests a blatant disregard for proper legal structure and governance, which is particularly concerning given Mr. McKoon's role as a licensed attorney and may violate GA Bar Rule 8.4(a) and (d).

Furthermore, Mr. McKoon's engagement in fundraising activities under the Georgia Republican Party, a membership organization without legal incorporation, while simultaneously acting as the CEO of the Georgia Republican Party, Inc., a legally incorporated non-profit, raises questions about the legality and transparency of his fundraising practices. This conduct may violate GA Bar Rule 8.4(c).

The consequences and potential harm resulting from Mr. McKoon's alleged failure to ensure proper legal filing and existence of the Georgia Republican Party as a membership organization are severe and far-reaching. With thousands of candidates running as Republicans throughout the state, including Donald Trump, the Republican candidate for the President of the United States, and millions of dollars being donated to the Georgia Republican Party, the lack of proper legal structure and transparency raises serious concerns about the handling and disbursement of these funds.

If the Georgia Republican Party does not legally exist as a membership organization, and the donated funds are being deposited into the accounts of the Georgia Republican Party, Inc., a non-profit corporation without members, there is a significant risk of misappropriation and misuse of these funds. The lack of proper oversight and accountability could lead to the donation money being used for purposes other than those intended by the donors, potentially harming the interests of the candidates, donors, and the public at large.

The potential mishandling of funds and lack of proper legal structure could also result in violations of state and federal campaign finance laws, tax laws, and other regulations governing political organizations. This, in turn, could lead to legal and financial consequences for the party, its candidates, and its donors.

As a licensed attorney and the leader of the Georgia Republican Party, Mr. McKoon has a fiduciary responsibility to ensure compliance with all relevant laws and regulations. His apparent failure to do so not only puts the party and its stakeholders at risk but also undermines public trust in the legal profession and the political process as a whole.

We understand that GA Bar Rule 4.108 outlines the process for the emergency suspension of a lawyer's license as follows:

1. Initiation of Proceedings: Proceedings under this rule may be initiated upon receipt of sufficient evidence demonstrating that a lawyer poses a substantial threat of harm to clients or the public.

2. IMMEDIATE Interim Suspension: Upon receipt of such evidence, the Office of the General Counsel shall immediately petition the Georgia Supreme Court for an order suspending the lawyer pending disciplinary proceedings. The petition shall be supported by evidence demonstrating the potential for harm.

3. Order of Interim Suspension: Upon reviewing the petition and supporting evidence, the Georgia Supreme Court may enter an order immediately suspending the lawyer from the practice of law until further order of the Court.

4. Hearing: Within 15 days of the entry of the interim suspension order, the lawyer may request a hearing to demonstrate that the suspension order should be vacated. The hearing shall be held within 15 days of the request before a special master.

5. Special Master's Report: Within 15 days of the hearing, the special master shall file a report and recommendation with the Supreme Court, either recommending that the interim suspension order be vacated or that it remain in effect.

6. Final Disposition: Upon receipt of the special master's report, the Supreme Court shall issue an order either vacating the interim suspension order or continuing it in effect pending final disposition of the disciplinary proceedings.

The State Bar of Georgia is obligated to follow the procedures outlined in GA Bar Rule 4.108 precisely as described. Failure to adhere to these procedures and address the alleged misconduct by Mr. McKoon or risk undermining public trust in the State Bar of Georgia's ability to regulate the legal profession effectively. We expect the State Bar of Georgia Office of General Counsel to adhere to the timeline and procedures prescribed by GA Bar Rule 4.108 in handling this petition without undue delay and immediately petition the Georgia Supreme Court for an interim suspension of Mr. McKoon's law license as required.

Given the serious nature of the allegations against Mr. McKoon and the potential harm to the public, donors, candidates, and the integrity of the legal profession and political process in Georgia, we believe that the initiation of proceedings under GA Bar Rule 4.108 is warranted and necessary.

Respectfully Submitted,