In Re Ortman
289 Ga. 130
| Ga. | 2011Background
- Ortman, a Georgia attorney since 1999, pled guilty to one felony count of aggravated battery under North Carolina v. Alford.
- He received 12 months probation, anger management evaluation, a $1,000 fine, and $450 restitution.
- The State Bar charged Ortman with violating Rule 8.4(a)(2) (conduct involving crime).
- The special master recommended rejection of Ortman's petition for voluntary discipline and a 12-month suspension.
- The Supreme Court agreed, imposing a 12-month suspension, noting mitigating and aggravating factors.
- Justice Nahmias concurred separately, criticizing the use of criminal punishment as mitigating in bar discipline.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ortman violated Rule 8.4(a)(2). | State Bar: Ortman engaged in illegal conduct violating Rule 8.4(a)(2). | Ortman: conduct was reflexive and not premeditated, with mitigating circumstances. | Yes; Ortman violated Rule 8.4(a)(2). |
| Appropriateness of discipline given circumstances. | Disbarment is typical for violent felonies; significant misconduct warrants strong discipline. | Mitigating factors reduce need for disbarment; probation and lesser sanction may be appropriate. | 12-month suspension warranted; disbarment unwarranted. |
| Whether criminal punishment should mitigate bar discipline. | ABA standards allow considering other penalties as mitigation. | Ortman argues prior criminal punishment should reduce disciplinary severity. | Court rejects broad, consistent mitigation from criminal punishment; concurrence criticizes this rationale. |
Key Cases Cited
- In the Matter of Brooks, 264 Ga. 583 (1994) (public protection and professional standards govern discipline)
- In the Matter of Collins, 263 Ga. 185 (1993) (disbarment typical in violent felonies)
- In the Matter of Dowdy, 247 Ga. 488 (1981) (discipline must be guided largely by facts)
- In the Matter of Skandalakis, 279 Ga. 865 (2005) (mitigating factors in violent felony cases discussed)
- In the Matter of Quay, 281 Ga. 549 (2007) (consideration of penalties in criminal proceedings as mitigation)
- In the Matter of Paine, 280 Ga. 208 (2006) (mitigating factors in disciplinary decisions)
- In the Matter of Haugabrook, 278 Ga. 721 (2004) (mitigating factors in sanctions)
- In the Matter of Stewart, 275 Ga. 199 (2002) (mitigating factors in disciplinary rulings)
- In the Matter of Silver, 273 Ga. 727 (2001) (mitigating factors in sanctions)
- In the Matter of Calhoun, 268 Ga. 877 (1998) (mitigation and sanction standards)