In the Matter of Robert T. Thompson
418 S.C. 392
| S.C. | 2016Background
- Robert T. Thompson, Jr. was admitted to the Georgia Bar (1975) and South Carolina Bar (1976); he later changed his SC status to "retired" but remains subject to discipline.
- Georgia placed Thompson on interim suspension (Aug./Oct. 2014) and disbarred him on Feb. 2, 2015, after he failed to timely respond to the Notice of Discipline and was deemed in default.
- Thompson did not timely notify South Carolina Office of Disciplinary Counsel (ODC) of the Georgia disbarment as required by SC disciplinary rules.
- The South Carolina Supreme Court gave Thompson 30 days to show why identical reciprocal discipline should not be imposed. Thompson argued Georgia proceedings violated his due process because he was physically and mentally incapacitated and that the proof was insufficient or that different discipline should apply.
- ODC argued reciprocal disbarment was appropriate and that Thompson had been aware of and had participated (albeit untimely) in Georgia proceedings.
- The South Carolina Supreme Court found no due process violation, concluded Thompson failed to prove incapacity or infirmity of proof, and imposed reciprocal disbarment; Thompson must file an affidavit of compliance and surrender his admission certificate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether reciprocal discipline should be imposed in SC for Georgia disbarment | Thompson: reciprocal disbarment would be unjust; discipline should differ | ODC: identical reciprocal discipline appropriate because Georgia disbarment valid | Held: Reciprocal disbarment imposed |
| Whether Georgia proceedings deprived Thompson of due process due to incapacity | Thompson: physically/mentally incapacitated and unable to meet deadlines; therefore default findings invalid | ODC: Thompson was aware and participated; no showing of incapacitation preventing response | Held: No due process violation; incapacity not established |
| Whether proof of misconduct in Georgia was infirm | Thompson: insufficient proof of misconduct | ODC: record supports misconduct findings that would warrant similar discipline in SC | Held: No infirmity of proof; SC accepts Georgia conclusions |
| Whether imposing same discipline would be a grave injustice or warrant different discipline in SC | Thompson: disbarment would cause grave injustice; diversion or lesser discipline appropriate | ODC: misconduct comparable to cases warranting disbarment | Held: No grave injustice; prior SC precedent supports disbarment |
Key Cases Cited
- In the Matter of Thompson, 296 Ga. 491 (2015) (Georgia disbarment opinion)
- In the Matter of Rogers, 413 S.C. 187 (2015) (SC precedent imposing disbarment for similar misconduct)
- In the Matter of Brunty, 411 S.C. 434 (2015) (SC precedent supporting disbarment for comparable violations)
- In the Matter of Wooden, 349 S.C. 281 (2002) (SC precedent imposing disbarment in analogous circumstances)