In re Maddux
295 Ga. 184
Ga.2014Background
- Maddux, a Georgia-licensed attorney, received a nine-month suspension from the Tennessee Supreme Court for misconduct related to soliciting and collecting client funds and failing to account for or deposit them as promised.
- Facts found by Tennessee: Maddux advised customers of a landscaping business to send payments to him for deposit with the court despite no case then pending; later he sued the partner and did not deposit or adequately account for funds collected.
- Tennessee concluded Maddux violated multiple rules of professional conduct and imposed a nine-month suspension after weighing mitigating and aggravating factors, including two prior suspensions.
- Georgia’s Review Panel examined the Tennessee opinion and determined none of the Georgia Rule 9.4(b)(3) grounds warranted a different sanction.
- The Georgia Supreme Court adopted the Review Panel’s recommendation and imposed a reciprocal nine-month suspension, effective immediately and conditioned on proof of reinstatement in Tennessee.
- Maddux may seek reinstatement in Georgia after completing Tennessee reinstatement procedures; he is reminded of duties under Bar Rule 4-219(c).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether reciprocal discipline appropriate | State Bar: impose same sanction as Tennessee suspension | Maddux: no response to Georgia notice | Reciprocal discipline appropriate; impose nine-month suspension |
| Whether Georgia should modify sanction under Rule 9.4(b)(3) | Panel: no listed element justifies different punishment | Maddux: not argued | No modification; same nine-month sanction upheld |
| Whether reinstatement in Georgia should be conditioned | State Bar: tie reinstatement to Tennessee reinstatement and proof | Maddux: not argued | Reinstatement in Georgia conditioned on reinstatement in Tennessee and compliance with Bar procedures |
| Whether prior disciplinary history affects sanction | State Bar: prior suspensions support nine-month sanction | Maddux: not argued | Prior suspensions considered as aggravating; sanction affirmed |
Key Cases Cited
- Maddux v. Bd. of Prof. Responsibility, 409 S.W.3d 613 (Tenn. 2013) (Tennessee opinion imposing nine-month suspension for misappropriation/failed accounting)
- Bd. of Prof. Responsibility v. Maddux, 148 S.W.3d 37 (Tenn. 2004) (prior 30-day suspension)
- Maddux v. Bd. of Prof. Responsibility, 288 S.W.3d 340 (Tenn. 2009) (prior five-month suspension)
- In the Matter of Maddux, 281 Ga. 607 (2007) (reciprocal 30-day suspension in Georgia)
- In the Matter of Maddux, 287 Ga. 579 (2010) (reciprocal five-month suspension in Georgia)