Voluntary Discipline Petition Rejected For Usury Crimes

The Georgia Supreme Court rejected a petition for voluntary discipline of a one-year suspension for an attorney convicted of violat ing New York usury laws. 

In her petition, Temple, who became a member of the Georgia Bar in 1990, admits that she pled guilty in New York to a misdemeanor violation of attempted criminal usury in the second degree. The criminal charge related to her role as lead counsel for payday lending companies, in which she advised those companies and their employees to intentionally violate New York’s criminal usury laws. The plea hearing transcript, which Temple attached to her petition, shows that for over five years she knowingly instructed and encouraged her payday lending clients to intentionally violate certain state lending laws, including New York’s criminal usury statutes, and assisted them in doing so.

Temple asserts that she has not practiced law since December 15, 2015, and we agree that her lack of a prior disciplinary record in Georgia and Tennessee, where she is also licensed to practice law, and her cooperation with the State Bar in this matter are mitigating factors. Temple asks that the Court impose a one-year suspension, retroactive to December 15, 2015. She cites no precedent in support of her request.

The State Bar recommends that the Court accept the petition, but makes no recommendation with regard to whether the suspension is retroactive. The State Bar asserts that a one-year suspension is appropriate…

The court

Having carefully considered the petition, response, and the very serious professional misconduct to which Temple has admitted, we cannot agree that a one-year suspension is the appropriate sanction in this matter.

All justices concurred. (Mike Frisch)