In re Childers, 297 Ga. 788

Dennis S. Childers pled guilty in Cherokee County to one count of theft by receiving stolen property (OCGA § 16-8-7) and was sentenced under the First Offender Act to 12 months probation.
The State Bar initiated disciplinary proceedings under Bar Rule 4-106, alleging a violation of Rule 8.4(a)(3) (offenses involving moral turpitude).
Childers requested a continuance for the disciplinary hearing but did not appear at the scheduled hearing after his request was denied; the special master proceeded in his absence.
The special master found the offense involved dishonesty and implicated fitness to practice law because possession of a stolen vehicle tag suggests intent to mislead authorities.
Aggravating factors considered: prior disciplinary history (including a six-month suspension and a 2013 formal admonition), the theft conviction, and failure to participate in the disciplinary process; minimal mitigation (guilty plea) was recognized.
The special master recommended disbarment; the Supreme Court of Georgia adopted that recommendation and ordered Childers disbarred.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Childers' conviction constitutes a misdemeanor involving moral turpitude under Rule 8.4(a)(3)	State Bar: Receiving a stolen vehicle tag is an act of dishonesty that relates to trustworthiness and fitness to practice	Childers: (implicit) conviction not committed in law-practice context and may not implicate fitness to practice	The Court agreed with the Bar: the offense involved dishonesty and related to fitness to practice; violated Rule 8.4(a)(3)
Appropriate sanction for violation of Rule 8.4(a)(3)	State Bar: Disbarment is appropriate given dishonesty and precedent	Childers: (implicit) mitigation through plea and non-law-practice context might warrant lesser sanction	Court held disbarment is appropriate, citing prior disbarment cases for similar offenses
Effect of Childers' failure to appear at the disciplinary hearing	State Bar: Failure to appear justifies declining consideration of late-submitted mitigation and supports harsher sanction	Childers: Sought continuance; absence limited his opportunity to present mitigation	Court accepted the special master’s treatment: mitigation waived by failure to appear; absence weighed against Childers
Relevance of prior disciplinary history	State Bar: Prior suspension and admonition aggravate sanction	Childers: Prior matters not dispositive of current sanction	Court considered prior discipline as aggravating and relied on it in imposing disbarment

In the Matter of Levin, 289 Ga. 170 (2011) (offenses showing dishonesty can relate to fitness to practice)
In the Matter of Hall, 295 Ga. 452 (2014) (disbarment for violation of Rule 8.4(a)(3))
In the Matter of Porges-Dodson, 280 Ga. 433 (2006) (disbarring lawyer for crime involving moral turpitude)
In the Matter of Jackel, 275 Ga. 568 (2002) (disbarment for dishonesty-related criminal conduct)
In the Matter of Threlkeld, 273 Ga. 331 (2001) (disbarment where criminal conduct implicated trustworthiness)
In the Matter of Childers, 273 Ga. 337 (2001) (prior disciplinary suspension of respondent)