297 Ga. 46
FINAL COPY
S15Y0827. IN THE MATTER OF WILSON R. SMITH.
PER CURIAM.
This disciplinary matter is before the Court on the Petition for Indefinite
Suspension Pending the Outcome of Criminal Charges filed by Respondent
Wilson R. Smith (State Bar No. 665025). Smith was arrested in Toombs
County for theft by conversion and first and third degree forgery based on
allegations clients made in a civil case they filed against him. The district
attorney for the Middle Judicial Circuit has advised Smith’s attorney that the
State will proceed by indictment or accusation in that case, as well as in two
other cases of alleged theft, one in Toombs County and another in Emanuel
County. Smith is currently incarcerated.
In his petition, Smith acknowledges that Rule 8.4 (a) (2) of the Georgia
Rules of Professional Conduct, see Bar Rule 4-102 (d), provides that a lawyer
shall not be convicted of a felony, and the maximum punishment is disbarment.
He states that until he pleads or is found guilty, he cannot admit that he violated
Rule 8.4 (a) (2) without waiving his constitutional rights, including his right
against self-incrimination and his rights to the presumption of innocence, to due
process, to counsel, and to confront and cross-examine witnesses. Thus, he asks
the Court to accept his petition for an indefinite suspension pending the outcome
of his criminal charges.
The State Bar responds that while there is no specific rule that
contemplates a suspension in this context, Smith’s request strikes a reasonable
balance between the need for public protection and Smith’s right to defend
against the criminal charges, see In the Matter of Swank, 288 Ga. 479 (704
SE2d 807) (2011), so it has no objection to the Court’s granting his petition.
Having reviewed the record, the Court agrees that Smith’s request should
be granted. Therefore, it is hereby ordered that Wilson R. Smith be suspended
from the practice of law in this State during the pendency of the criminal
charges against him and until further order of this Court. Smith is directed to
notify the State Bar’s Office of General Counsel in writing within seven days
of any disposition of the criminal charges, whether by plea, verdict, dismissal,
first offender adjudication, or otherwise. Smith is reminded of his duties under
Bar Rule 4-219 (c).
Suspension until further order of the Court. All the Justices concur.
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Decided April 20, 2015.
Suspension.
Paula J. Frederick, General Counsel State Bar, Jenny K. Mittelman,
Assistant General Counsel State Bar, for State Bar of Georgia.
Dubberly & McGovern, Joseph D. McGovern, for Smith.
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