288 Ga. 690
Ga.2011Background
- 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)
