In re Temple
299 Ga. 140
Ga.2016Background
- Joanna Temple, Georgia Bar member since 1990, pled guilty in New York to misdemeanor attempted criminal usury based on her role as lead counsel for payday lenders.
- Transcript shows she knowingly instructed and encouraged clients over five years to intentionally violate New York criminal usury and related lending laws and assisted them in doing so.
- Temple was sentenced to a one-year conditional discharge (Dec. 17, 2015) with 250 hours community service and admits violations of Georgia Rules 1.2(d) and 8.4(a)(3).
- She stopped practicing law after December 15, 2015, has no prior disciplinary record in Georgia or Tennessee, and cooperated with the State Bar.
- Temple petitioned for voluntary discipline prior to formal complaint, requesting a one-year suspension retroactive to December 15, 2015.
- The State Bar recommended accepting the petition but did not opine on retroactivity; the Supreme Court of Tennessee separately suspended her pending further order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Court should accept Temple's petition for voluntary discipline | Temple asked the Court to accept the petition and impose a one-year suspension retroactive to Dec. 15, 2015 | State Bar supported accepting the petition but offered no position on retroactivity; Court evaluated severity of misconduct | Petition for voluntary discipline rejected; Court would not accept proposed resolution |
| Appropriate sanction for admitted misconduct (violations of Rules 1.2(d) and 8.4(a)(3)) | One-year suspension sufficient given lack of prior discipline and cooperation | Court weighed seriousness: sustained, multi-year counseling of clients to commit criminal usury undermines fitness to practice and public confidence; cited more severe precedents | One-year suspension deemed inadequate; Court rejected petition and implied harsher discipline (petition denied) |
Key Cases Cited
- In the Matter of Schrader, 271 Ga. 601 (one-year suspension for practicing without a license; distinguished on less egregious facts)
- In the Matter of Davis, 292 Ga. 897 (30-month suspension for criminal drug plea; distinguished on differing impact on fitness to practice)
- In the Matter of Childers, 297 Ga. 788 (disbarment following misdemeanor theft-related conviction affecting professional fitness)
- In the Matter of Gardner, 286 Ga. 623 (accepted voluntary surrender where attorney facilitated and concealed mortgage fraud)
