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288 Ga. 690
Ga.
2011
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Background

  • Blitch III, a Georgia Bar member since 1961 and former superior court judge for 27 years, faced disciplinary action.
  • On December 1, 2009, Blitch pled guilty in the U.S. District Court for the Middle District of Georgia to Honest Services Fraud Conspiracy, a federal felony.
  • He was sentenced to three years probation and fined $100,100.
  • The State Bar moved for appointment of a special master under Bar Rule 4-106; a special master was appointed and Blitch filed a petition for voluntary discipline seeking a one-year suspension.
  • The special master recommended a three-year suspension, concluding the plea violated Rule 8.4(a)(2) but noting mitigating factors.
  • The Georgia Supreme Court ultimately disbarred Blitch, emphasizing the public confidence interest given his judicial position.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether a judge's felony conviction arising from official duties warrants disbarment Bar argues disbarment under Skandalakis for misconduct involving interference with justice. Blitch argues mitigating factors support lesser discipline such as suspension. Disbarment warranted; name stricken from the roll.

Key Cases Cited

  • In the Matter of Skandalakis, 279 Ga. 865 (2005) (disbarment typical where criminal conduct involves interference with justice)
  • In the Matter of Waldrop, 283 Ga. 80 (2008) (suspension for guilty plea to felony possession of controlled substances)
  • In the Matter of Paine, 280 Ga. 208 (2006) (suspension until termination of federal probation, but no less than twenty months for federal obstruction)
  • In the Matter of Haugabrook, 278 Ga. 721 (2004) (one-year suspension and public reprimand for false tax returns)
  • In the Matter of Swindall, 266 Ga. 553 (1996) (consideration of public trust in judiciary within disciplinary context)
  • In the Matter of Cunningham, 284 Ga. 449 (2008) (importance of public confidence in the judiciary in discipline decisions)
  • In the Matter of Brooks, 264 Ga. 583 (1994) (discipline implications for professional misconduct)
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Case Details

Case Name: In Re Blitch
Court Name: Supreme Court of Georgia
Date Published: Feb 28, 2011
Citations: 288 Ga. 690; 706 S.E.2d 461; 2011 Fulton County D. Rep. 414; 2011 Ga. LEXIS 147; S11Y0275
Docket Number: S11Y0275
Court Abbreviation: Ga.
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    In Re Blitch, 288 Ga. 690