§ 9-9-66.Qualifications and status of referee
Chapter 9. Arbitration · Article 2. Medical Malpractice · Last amended 1988 · Last verified July 17, 2026
Full Text of § 9-9-66
Plain-English Summary
This short section defines what kind of person the referee has to be, and what the referee is not. Active membership in the State Bar of Georgia is required — the referee has to be a lawyer in good standing, not merely someone with legal training or experience.
Despite sitting with the panel, the referee doesn’t vote on the outcome. That job belongs to the three arbitrators chosen under Code Section 9-9-67. The referee functions more like a presiding officer: preparing the submission, administering oaths, ruling on procedural matters, and — as later sections show — wielding subpoena and document-production power. The referee guides the process; the arbitrators decide the case.
Frequently Asked Questions
What credential must a referee hold?
The referee must be an attorney who is an active member of the State Bar of Georgia.
Does the referee vote on the arbitration’s outcome?
No, the referee is a nonvoting member of the arbitration panel.
Is the referee one of the three panel members who decide the case?
The referee sits with the panel but without a vote; the three voting decision-makers are the arbitrators.
Can a lawyer who isn’t admitted in Georgia serve as referee?
No, the section requires active membership in the State Bar of Georgia.
What does the referee do if not voting on the findings?
Other sections of the article give the referee duties like preparing the submission, administering oaths, and handling subpoenas and document production.
Amendment History
Code 1933, § 7-406, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, § 9-9-116; Code 1981, § 9-9-66, as redesignated by Ga. L. 1988, p. 903, § 3.