300 Ga. 134
Ga.2016Background
- 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)
