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300 Ga. 134
Ga.
2016
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Background

  • Bonnie Monique Youn, admitted in Massachusetts (1995) and Georgia (1996), pled guilty in federal court to one misdemeanor (18 U.S.C. §§ 2, 1028) for counseling a non-Georgia-resident client to obtain a Georgia driver’s license while the client legally resided in Louisiana.
  • Sentenced on May 3, 2016 to two years probation and a $5,245 fine; plea agreement barred Youn from appearing on behalf of third parties for two years after sentencing.
  • Youn voluntarily discontinued practicing law effective April 1, 2016 and filed a petition for voluntary discipline before a formal complaint was issued.
  • Youn admitted the conduct violated Georgia Rule of Professional Conduct 8.4(a)(3) (misdemeanor involving moral turpitude where conduct relates to fitness to practice).
  • She sought an 18-month suspension and requested reinstatement be conditioned on proof of completion/release from her criminal probation.
  • The State Bar agreed with the mitigating factors and recommended granting the petition.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Youn's conviction violated Rule 8.4(a)(3) Youn admitted the conviction and its applicability to Rule 8.4(a)(3) State Bar agreed the conviction implicated Rule 8.4(a)(3) Court accepted admission that the conviction violated Rule 8.4(a)(3)
Appropriate sanction and reinstatement conditions Youn requested an 18-month suspension; sought reinstatement conditioned on proof of completion and release from probation State Bar agreed to mitigating factors and recommended granting the petition Court accepted voluntary discipline: 18-month suspension; reinstatement conditioned on proof of successful completion and release from probation

Key Cases Cited

  • In the Matter of Suttle, 288 Ga. 14 (two-year suspension following felony residential mortgage fraud) (cited for parallel sanctioning of criminal conduct related to practice)
  • In the Matter of Welsh, 279 Ga. 298 (12-month suspension following misdemeanors for assisting client access to property) (cited for misdemeanor-based suspension)
  • In the Matter of Wyatt, 275 Ga. 545 (one-year suspension following misdemeanors for aiding alien entry efforts) (cited for aiding client in immigration-related misconduct)
  • In the Matter of Schrader, 271 Ga. 601 (one-year suspension for practicing without a license by filing out-of-state probate pleading) (cited as isolated act tied to practice)
  • In the Matter of Acree, 269 Ga. 57 (two-year suspension for misdemeanor bank larceny enabling client loan transaction) (cited for client-focused criminal facilitation)
  • In the Matter of Paine, 280 Ga. 208 (conditioning reinstatement on completion of criminal probation) (cited to support requiring release from probation before return to practice)
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Case Details

Case Name: In re Youn
Court Name: Supreme Court of Georgia
Date Published: Nov 7, 2016
Citations: 300 Ga. 134; 793 S.E.2d 379; 2016 Ga. LEXIS 733; S16Y1178
Docket Number: S16Y1178
Court Abbreviation: Ga.
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