291 Ga. 768
Ga.2012Background
- Disciplinary matter before Georgia Court on petition for voluntary discipline by Christopher Todd Adams while criminal case pending.
- Adams admitted indictment in 2008 on 17 counts of false statements, 17 counts of theft by taking, and 1 count of criminal solicitation arising from misrepresentation of hours billed to indigent defense program 2005–2006.
- To resolve criminal matter, Adams agrees to reimburse $10,605.70, accept lifetime ban on representing indigent defendants funded by public funds, petition for public voluntary discipline of at least six months, and admit violation of Rule 8.4(a)(4).
- District attorney agrees to nol pros on the pending charges in exchange.
- State Bar recommends 18-month suspension; Adams seeks six months; aggravation and mitigation are noted by the Bar and the court.
- Court ultimately suspends Adams for 18 months and imposes a lifetime ban on indigent-funded representations, conditioned on Bar Rule 4-219(c) compliance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is 18 months the proper sanction for violating Rule 8.4(a)(4)? | State Bar argues for 18-month suspension. | Adams argues six-month suspension is sufficient. | Eighteen-month suspension is appropriate. |
Key Cases Cited
- In the Matter of Powell, 285 Ga. 812 (2009) (three-year suspension for misrepresenting transaction details)
- In the Matter of Bonner, 289 Ga. 838 (2011) (six-month suspension for dishonesty in deposition and to opposing counsel)
- In the Matter of Schwartz, 278 Ga. 216 (2004) (early precedent on discipline for dishonesty)
- In the Matter of Lemmons, 271 Ga. 582 (1999) (two-year suspension; mitigating factors noted)
- In the Matter of Roberts, 284 Ga. 445 (2008) (six-month suspension for misrepresenting bankruptcy filing)
- In the Matter of Maxwell, 280 Ga. 304 (2006) (six-month suspension for edited transcript disclosure issues)