Less than Disbarment

The Georgia Supreme Court imposed a twelve month suspension, rather than disbarment in a case involving a felony conviction for aggravated battery. Although the court has in the past disbarred attorneys convicted of violent felonies

…we have never foreclosed the possibility that a lesser punishment than disbarment might be appropriate where the circumstances and mitigating factors are sufficient to justify a lesser penalty. This appears to be such a case inasmuch as [the attorney] who had various physical conditions that led him to be particularly sensitive to his physical safety, presented sufficient evidence to show that his conduct was not a premeditated effort to harm the victim, but rather a reflexive response to a perceived danger to his person and that despite his honest belief in his innocence, he took the first-offender, Alford plea because certain circumstances made him unsure of whether he would prevail at trial; the plea offer was a good deal with no jail time; and he wanted to avoid being separated from his wife and young child.

Justice Nahmias concurred but expressed concern that the Special Referee had found the criminal punishment to be a mitigating factor. The court has never found a criminal punishment to mitigate the disciplinary sanction.

I agree with Justice Nahmias’ concerns. I also think it is dangerous to treat an Alford plea as anything other than a straight guilty plea for purposes of bar discipline. (Mike Frisch)