A St. Valentine’s Day From Hell

A reprimand by the Georgia Supreme Court involved a schedule oversight and a liquid lunch

On February 14, 2019, Kurz was scheduled to appear before the Gwinnett County Recorder’s Court at 1:30 p.m. to conclude a pre-negotiated plea in a driving-without-a-license case on behalf of a client. Kurz had failed to note the court date on his schedule, and believing that his schedule ended at noon that day, he had taken his then-fiancée (now wife) to a restaurant for a Valentine’s Day lunch. He had consumed a beer and some of a champagne toast by the time his paralegal called to inform him that she and the client were present in court. Kurz immediately drove to court because he did not think the client would be able to resolve the in his absence. Upon arriving at the courthouse, Kurz asked the clerk to look up his client’s name through the court’s computerized attorney directory. Kurz admitted to the clerk that he was unsure of his client’s name and was unaware of whether his client would need an interpreter. Kurz took the plea sheets given to him and followed the clerk’s directions to the courtroom, where he spoke with his client and paralegal. He also spoke with the assistant solicitor, who confirmed that the fine would be $705 as previously quoted.

After a few moments, the court took a brief recess, and while Kurz had stepped outside the courtroom to make a call, he was summoned over the loudspeaker to report to the judge’s chambers. In chambers, the judge told Kurz that it had been reported that Kurz had an odor of alcohol on his breath at check-in, and he asked Kurz, “What’s the occasion?” Kurz immediately apologized and explained what had happened. The judge asked whether Kurz was impaired, and Kurz responded that he did not think he was, acknowledged that he had made an extremely poor decision to come to court under the circumstances, and stated that he never would have appeared in court after consuming alcohol but for the scheduling issue and the circumstances of his client’s case. The judge said he would take Kurz at his word that this was a “one-time thing,” grant a continuance, and instruct the sheriff that Kurz was not allowed to drive his car home. Kurz thanked the judge, and about two weeks later, Kurz was permitted to close the case on his client’s behalf by a plea in absentia and a certified check. No evidence was presented that Kurz was actually impaired while driving or in court.

He also had commingled and had a nine cent overdraft on his trust account.

Sanction

Having considered the Special Master’s report and the record, we determine that a suspension is not warranted and that a public reprimand is the appropriate sanction, which is consistent with cases involving similar facts.

(Mike Frisch)