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In re Temple
299 Ga. 140
Ga.
2016
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Background

  • 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)
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Case Details

Case Name: In re Temple
Court Name: Supreme Court of Georgia
Date Published: May 23, 2016
Citation: 299 Ga. 140
Docket Number: S16Y1320
Court Abbreviation: Ga.