303 Ga. 293
Ga.2018Background
- Andre Keith Sanders, Georgia Bar member since 1972, was subject to multiple Florida disciplinary matters principally involving fraudulent debt-collection practices.
- Sanders filed a Petition for Disciplinary Revocation with Leave to Apply for Readmission under Florida Rule 3-7.12; the Florida Supreme Court accepted it, imposing a disciplinary revocation (tantamount to disbarment) with eligibility to seek readmission after five years.
- Georgia initiated reciprocal-discipline proceedings based on the Florida sanction; Sanders acknowledged service but did not file any responsive pleading in Georgia, rendering him in default.
- The Review Panel recommended reciprocal discipline: a five-year suspension in Georgia with reinstatement conditioned on proof of compliance with Florida reinstatement rules.
- The central question was whether Florida’s disciplinary revocation procedure is sufficiently similar to Georgia disciplinary procedures (notably whether absence of an explicit admission of misconduct precludes reciprocal discipline).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether reciprocal discipline is appropriate when an attorney is subject to Florida disciplinary revocation under Rule 3-7.12 | State Bar: Florida’s disciplinary revocation is tantamount to disbarment and is sufficiently similar to Georgia voluntary-surrender/resignation procedures to permit reciprocal discipline | Sanders (by default) did not contest; Review Panel considered but noted Florida’s rule does not require explicit admission of misconduct | Court held reciprocal discipline appropriate and adopted the Review Panel’s recommendation for a five-year suspension with conditions for reinstatement |
| Whether the absence of an explicit admission of guilt under Florida’s procedure bars reciprocal discipline in Georgia | State Bar: Florida’s procedure (formerly disciplinary resignation) is functionally equivalent to Georgia procedures despite not requiring a formal admission; the sanction is tantamount to disbarment | Implicit defense: Georgia has rules that emphasize findings/admissions of misconduct (argued by Review Panel as a possible distinction) | Court found distinctions (e.g., Fry) inapposite here and concluded the Florida procedure’s effect and record suffice to support reciprocal discipline |
Key Cases Cited
- In the Matter of Fry, 300 Ga. 862 (discussing when a resignation without admission is not acceptable for clearing disciplinary record)
- In the Matter of Davidson, 269 Ga. 901 (recognizing Florida disciplinary resignation as substantially equivalent to Georgia voluntary surrender)
