Harsh Result In Felony Drug Possession Case

An attorney admitted in Georgia in 2000 was convicted as a first offender of felony possession of N-N-dimethylampetamine, a controlled substance. He had served in the military for 18 years, has “received numerous awards and commendations and is currently a Major in U.S. Army Reserves” and had begun to wind up practice in June 2006. An evaluation revealed no serious substance abuse problem or “serious problem that would cause major difficulties in his professional work.” He also has passed nine random drug screens over the past year. The “drug use was situational and not compulsive.”

Sanction? The Georgia Supreme Court ordered a suspension of 24 months nunc pro tunc to January 29, 2007 with reinstatement conditioned on successful completion of the criminal case probation and the Lawyer Assistance Program. He may petition for review if the LAP director certifies that therapy is “no longer necessary.” A dissent notes that the matter involves a felony conviction and would disbar. (Mike Frisch)