In Re Vaughn
In Re Vaughn
Opinion of the Court
The State Bar of Georgia filed a Formal Complaint charging Respondent William Lewis Vaughn with eight counts of violating Standard 4 (lawyer shall not engage in professional conduct involving dishonesty, fraud, deceit, or wilful misrepresentation) of Bar Rule 4-102 (d). After a special master was appointed by this Court, Vaughn filed his second petition for voluntary discipline, his first petition admitting to a violation of Standard 46 (lawyer shall not conceal or knowingly fail to disclose that which he is required by law to reveal) of Bar Rule 4-102 (d) and requesting a public reprimand having been rejected by this Court on September 18, 2001. In his second petition, Vaughn admitted he violated Standard 4 when he photocopied a file stamp from the Bibb County Clerk’s office to make it appear that his client’s deed to secure debt had been recorded when it had not, and forwarded the falsely-stamped deed to his client under the pretense that it had been recorded. He sought a six-month to one-year suspension with reinstatement conditioned upon completion of one or more proposed conditions.
We have reviewed the record and have come to the conclusion that a suspension of six months is an inappropriate sanction. In our view, given the fact that Vaughn’s dishonest conduct was perpetrated in connection with a court document, and thereby touched on the integrity of the legal process, a suspension of one year is imperative. We do agree, however, that imposition of all the above-described conditions as a prerequisite for reinstatement is an appropriate complement to the suspension in this case. Accordingly, Vaughn hereby is suspended from the practice of law in the state of Georgia for a period of 12 months from the date of this opinion, with reinstatement contingent upon all the conditions set forth by the special master. Vaughn is reminded of his duties under Bar Rule 4-219 (c).
Twelve-month suspension with conditions.
According to Vaughn’s petition, the Investigative Panel voted to issue a Notice of Discipline charging him with violating Standards 4 and 65, but the parties agreed it would not be filed.
Dissenting Opinion
dissenting.
Although I agree with the majority that Vaughn’s choice to act
Special masters are appointed in cases such as this one to consider the evidence, find facts, and recommend a resolution of the matter. In this case, the special master had an opportunity to hear from Vaughn and to gauge his sincerity. Having heard from Vaughn, the special master was in a better position than any other person or entity involved in this matter to make an informed judgment regarding the proper level of punishment needed to deter Vaughn from such misbehavior in the future. Under the circumstances of this case, this Court should give the special master’s recommendation greater weight. For that reason, I would adopt the recommendation of the special master that Vaughn be suspended for six months, subject to the conditions set out by the special master. Because the majority is imposing a needlessly harsh sanction, I must dissent.
Reference
- Full Case Name
- In the Matter of William Lewis Vaughn
- Cited By
- 4 cases
- Status
- Published