A More Commensurate Sanction

The Georgia Supreme Court rejected a proposed public reprimand for misconduct involving abandonment of a client matter

The Bar asserts that a public reprimand is appropriate because Bonnell has “violated multiple Rules that authorize the imposition of a public reprimand and one Rule that authorizes the imposition of disbarment,” apparently failing to realize that he has actually violated two Rules with a maximum available sanction of disbarment and two Rules with a maximum available sanction of a public reprimand. The Bar further states that it found there to be no mitigating circumstances and that Bonnell has been subject to prior discipline, in the form of a Letter of Admonition in 2017. But the Letter of Admonition is not a part of the record in this case.

Despite Bonnell’s default, because of a number of errors and uncertainties in the Bar’s presentation of this matter, we do not have sufficient information to impose discipline at this stage.

Rejection

the Bar presents no authority suggesting that a public reprimand is appropriate discipline for Bonnell’s misconduct. This Court has repeatedly disbarred attorneys in the last several years for matters that appear to be materially similar to this one, involving the abandonment of a single client, a failure to respond adequately in the disciplinary proceedings, substantial experience in the practice of law, and no more than one prior instance of discipline. See, e.g., In the Matter of Graham, 306 Ga. 380 (829 SE2d 67) (2019); In the Matter of Mays, 303 Ga. 152 (810 SE2d 478) (2018); In the Matter of Miller, 302 Ga. 366 (806 SE2d 596) (2017). We do not suggest hereby that disbarment is necessarily the appropriate sanction in this matter; we do, however, suggest that, in any future attempts to seek to discipline Bonnell for the misconduct at issue here, the Bar should either seek a sanction more commensurate with the sanctions imposed by this Court in other similar cases or should more adequately explain why a lesser sanction is appropriate. We caution that, should the Bar seek the imposition of a more serious sanction on Bonnell than the one sought here, he should be given a renewed opportunity to respond to any such filing by the Bar.

(Mike Frisch)