Consent Suspension Accepted In Stalking

The Georgia Supreme Court accepted an attorney’s second petition for voluntary discipline for his misdemeanor convictions for stalking and harassing communications

Spain offers in mitigation that he has no prior disciplinary record and at the time of his misconduct he was suffering from personal and emotional problems related to his marriage, compounded by the divorce which, contrary to his expectations based on a prenuptial agreement, entailed substantial litigation for which his bankruptcy practice provided no helpful experience. Spain states that he has since retained an attorney to represent him in the divorce action and that he has sought professional help for these problems. In addition, he states that he acted in good faith to rectify the consequences of his conduct by entering nolo contendere pleas, and he has cooperated fully with the State Bar in bringing this matter to a voluntary resolution. Finally, he states that his misconduct did not involve his own practice or his own clients, he is deeply remorseful and recognizes that his conduct was contrary to his professional obligations and longstanding personal values, and he wishes that he could reverse his actions.

But

Spain recounts the facts that led to the incident underlying his criminal convictions, but his presentation of facts consists mostly of an explanation of the reasons for his email tirade against the victim, rather than an assessment of his conduct. For instance, Spain asserts in his petition that the victim of his email tirade—opposing counsel in his divorce—was “in violation of certain ethical rules relating to the practice of law,” that the victim could have and should have provided a variety of testimony in support of his motion to enforce the couple’s prenuptial agreement, and that he “hopes never to file a grievance against [the victim] because Petitioner does not believe even a successful grievance would ameliorate his own station in life.” (emphasis added). The first section of his supporting brief is given over to a similar, although even more detailed, recitation of the underlying facts. The brief then proceeds to a discussion of some authority, much of it from other states or from federal immigration proceedings, that bears on the question of whether his crimes of conviction constituted offenses involving moral turpitude…

Having reviewed the record, we find that a one-year suspension with reinstatement conditioned upon proof of termination of probation is an appropriate level of discipline in this matter.

Two justices expressed uncertainty that a on-year suspension is necessary. (Mike Frisch)