294 Ga. 72
Ga.2013Background
- Disciplinary matter before Georgia Supreme Court via Bar Rule 4-227 (b)(2) petition for voluntary discipline by Jarlath Robert MacKenna.
- MacKenna admits a consensual sexual relationship with a client while representing her in divorce.
- He assisted the client in submitting false discovery responses related to the divorce action.
- Admits violations of Rules 1.7(a) and 8.4(a)(4) of the Georgia Rules of Professional Conduct; maximum sanction is disbarment.
- Mitigation factors include lack of prior discipline, cooperation, claimed inexperience, good character, and ongoing psychological rehabilitation.
- Court agrees 18-month suspension is appropriate, citing comparable Georgia disciplinary cases; petition for voluntary discipline accepted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is an 18-month suspension appropriate? | State Bar supports 18-month suspension. | MacKenna argues mitigation could justify a lesser sanction. | Yes; 18-month suspension appropriate. |
| Do mitigation factors affect the sanction? | Mitigation acknowledged but not enough to reduce sanction. | Factors (no prior discipline, cooperation, inexperience, good character, rehab) warrant leniency. | Mitigation considered; 18-month suspension still imposed. |
| Have Rules 1.7(a) and 8.4(a)(4) been violated? | Admission supports violations. | Not separately argued beyond admission. | Violations established; disciplined accordingly. |
Key Cases Cited
- In the Matter of Adams, 291 Ga. 768 (Ga. 2012) (18-month suspension for misrepresentation and false billing with prior reprimand)
- In the Matter of Wright, 291 Ga. 841 (Ga. 2012) (public reprimand and six-month suspension for false statement in appellate brief)
- In the Matter of Tante, 264 Ga. 692 (Ga. 1994) (18-month suspension for sexual relationship with mentally impaired client in disability matter)
- In the Matter of Lewis, 262 Ga. 37 (Ga. 1992) (36-month suspension for allegedly non-consensual sexual relationship with divorce client)
