In re Jones
293 Ga. 264
| Ga. | 2013Background
- Jones was convicted in 2011 of eleven misdemeanors, including ten under OCGA § 42-4-13(e) for carrying contraband into a jail without the guard’s knowledge or consent; he received eleven consecutive twelve-month probation terms.
- The State Bar commenced disciplinary proceedings under Rule 8.4(a)(3), alleging the convictions involve moral turpitude and reflect on his fitness to practice law.
- A special master recommended that, despite findings of moral turpitude, Jones be suspended for six months rather than disbarred.
- Jones argued the convictions do not involve moral turpitude and thus do not trigger Rule 8.4(a)(3); the State Bar urged disbarment.
- The court held the misdemeanor convictions involve moral turpitude because they entail deceit, dishonesty, breach of attorney trust, and threaten jail security.
- Ultimately, the court disbars Jones, holding that the misconduct warrants removal from the practice of law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do the OCGA § 42-4-13(e) misdemeanors involve moral turpitude under Rule 8.4(a)(3)? | Jones contends no moral turpitude. | State Bar contends these crimes involve moral turpitude related to fitness. | Yes; convictions involve moral turpitude and subject Jones to discipline. |
| What is the appropriate discipline for Jones given the convictions? | Mitigation warrants suspension, not disbarment. | Disbarment warranted due to repeated deceit and risk to jail security. | Disbarment ordered; no disbarment relied on mitigation factors. |
Key Cases Cited
- Shaw v. State, 102 Ga. 660 (Ga. 1897) (crimen falsi; moral turpitude includes dishonesty/dishonesty-related crimes)
- Lewis v. State, 243 Ga. 443 (Ga. 1979) (moral turpitude includes crimes of dishonesty or obstruction of justice)
- Holloway v. Holloway, 126 Ga. 459 (Ga. 1906) (moral turpitude encompassed acts contrary to justice, honesty, or good morals)
- Huff v. Anderson, 212 Ga. 32 (Ga. 1955) (moral turpitude defined as acts contrary to right and duty between persons)
- In the Matter of Brooks, 263 Ga. 530 (Ga. 1993) (application of moral turpitude in lawyer discipline)
- Williams v. State, 266 Ga. 132 (Ga. 1996) (definition of moral turpitude under old Code; abrogated by Rules of Professional Conduct)