In re Scott
In re Scott
Dissenting Opinion
dissenting.
Walter S. Scott pled guilty to the felony of possession of cocaine. He is thus in violation of Standard 66 of Bar Rule 4-102. Violations of Standard 66 usually result either in disbarment, e.g., In the Matter of Collins, 263 Ga. 185 (429 SE2d 908) (1993), or acceptance of the attorney’s petition for voluntary suspension of his license to practice law in Georgia. E.g., In the Matter of Nathan, 263 Ga. 569 (438 SE2d 89) (1993). A review of cases involving Standard 66 violations reveals that it is only in rare instances that sufficient mitigating factors exist to justify a lesser penalty. Consistent among these cases are mitigating factors such as the absence of any prior criminal record, no other disciplinary grievances, the fact that there was no harm to any clients or third parties, and, in drug cases, the voluntary submission to treatment. See, e.g., In the Matter of Chambers, 264 Ga. 317 (444 SE2d 313) (1994) (Respondent was 70 years old and became addicted to drugs prescribed to him for medical condition); In the Matter of Kitchings, 264 Ga. 301 (444 SE2d 312) (1994) (Respondent became addicted to pain killers after serious car accident); In the Matter of Lanford, 260 Ga. 408 (396 SE2d 228) (1990) (Respondent became addicted to prescription drugs after injury). See also In the Matter of Patteson, 262 Ga. 591 (423 SE2d 248) (1992).
No such mitigating factors are present in Scott’s case. Rather, the opposite is true: the record is rife with factors in aggravation. Scott, who was 40 years old at the time of the special master hearing, had previous arrests in 1990 for driving under the influence of alcohol.
Scott has done nothing to justify special treatment and much to deserve the Bar’s harshest penalty for an attorney who violates the very laws he is sworn to uphold. Accordingly, I dissent to the majority’s suspension of Scott’s license and would, instead, enter an order disbarring him from the practice of law in Georgia. Accord In the Matter of Sawhill, 262 Ga. 735 (425 SE2d 274) (1993).
Opinion of the Court
Pursuant to Bar Rule 4-106, this court appointed a special master to hear evidence and to recommend appropriate discipline based upon Walter Stephen Scott’s violation of Standard 66 (conviction of felony) of Bar Rule 4-102 (Case No. S94Y1649). The special master has filed his report and recommendation, recommending that Scott be suspended from the practice of law indefinitely, pending resolution of outstanding client complaints. In an impairment proceeding under Bar Rule 7-305, another special master also recommended that Scott be suspended indefinitely (Docket No. 1-2). We accept the recommendations of the special masters and order an indefinite suspension.
Scott entered a plea of guilty to a single charge of possession of cocaine. The trial court sentenced Scott under the First Offender Act, OCGA § 42-8-60, to serve a sentence of five years on probation, with various conditions. Under Standard 66 “conviction of any felony” is defined to include the imposition of first offender probation. Standard 66 (b) (5).
Although a felony conviction usually results in disbarment, the special master found the existence of certain mitigating factors, including that Scott had a severe drug addiction problem of which the Bar was aware prior to his arrest and for which the Bar had counseled Scott through its Committee on Lawyer Impairment. Additionally,
We accept the special master’s findings in Case No. S94Y1649 and order Scott suspended from the practice of law indefinitely, but for not less than a period of three years. We accept the consent order recommended by the special master in Supreme Court Docket 1-2 and order that Scott’s reinstatement be conditioned upon his compliance with all the terms of that consent order and with his successful completion of his probated sentence and his discharge without adjudication of guilt in the criminal proceeding. He is reminded of his duties under Bar Rule 4-219 (c) to timely notify all clients of his inability to represent them, take all actions necessary to protect the interests of his clients, and certify to this court that he has satisfied these requirements.
Suspended.
Reference
- Full Case Name
- IN THE MATTER OF WALTER STEPHEN SCOTT. SUPREME COURT DOCKET NO. I-2 in re WALTER STEPHEN SCOTT (two cases)
- Cited By
- 2 cases
- Status
- Published