In re Topmiller
293 Ga. 667
Ga.2013Background
- Topmiller seeks voluntary disciplinary suspension until completion of Cobb County Drug Treatment Court Program after guilty plea to possession of more than an ounce of marijuana.
- The Court Program requires a minimum 18-month completion period; the State Bar recommends acceptance of the petition.
- Topmiller graduated college in 1984, attended John Marshall School of Law (2008), and was admitted to the Bar in November 2008.
- Before law school, he worked as an aviation mechanic, pilot ground instructor, and pilot training program developer; he was a commercial pilot until February 2012 arrest.
- Arrest in February 2012 followed discovery of marijuana plants at his home after his stepson’s prescription-medicine overdose; he notified FAA/ExpressJet and surrendered flying certificates.
- He entered treatment begins in 2012, completed inpatient program, and has since participated in the Court Program and HIMS Monitored Aftercare; by February 2013 he complied with all requirements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petition for voluntary discipline should be accepted | Topmiller | State Bar | Accepted |
| Whether a suspension pending Court Program completion is appropriate | Topmiller | State Bar | Imposition of suspension warranted |
| Whether 18-month suspension retroactive to plea is proper with reinstatement condition | Topmiller | State Bar | 18-month suspension with reinstatement condition upon program completion |
Key Cases Cited
- In the Matter of Caroway, 279 Ga. 381 (2005) (24-month suspension with conditions upon reinstatement following guilty plea to possession of drugs)
- In the Matter of Lewis, 282 Ga. 649 (2007) (24-month suspension following guilty plea to possession of cocaine)
- In the Matter of Waldrop, 283 Ga. 80 (2008) (24-month suspension following First Offender plea for possession of a controlled substance)