In the Matter of James Caleb Clarke III

James Caleb Clarke III used to be a lawyer, but in 2002 he gave up his law license after admitting he took $90,000 from an estate account he was managing as its administrator, took an estate car for himself, lied to the heirs about selling that car, and failed to file the estate's tax returns for several years. Giving up his license that way counts as being disbarred. After losing his license, Clarke went to seminary, became a Presbyterian pastor in Stone Mountain, Georgia, paid back the money he had taken, and made peace with the heirs of the estate he had mishandled. He applied to the State Bar's Fitness Board to be certified as fit to practice law again, backed by letters of support, including one from an heir he had wronged. The Fitness Board found he had proven his rehabilitation, and the Supreme Court of Georgia agreed, granting his certification so he can be readmitted once he meets the remaining requirements, including passing the Georgia Bar Exam.

The court held that Clarke proved by clear and convincing evidence that he has been rehabilitated since his 2002 disbarment, including through restitution, reconciliation with those he harmed, and years of community service, and is therefore fit to be certified for readmission to practice law.

The decision shows how a disbarred lawyer in Georgia can earn a path back to practicing law by demonstrating years of rehabilitation, restitution, and community service, giving the public and the profession a concrete example of the standards the State Bar and courts apply.

Certification of fitness for readmission granted

1. The court applied the standard from prior Georgia case law requiring an applicant seeking readmission after disbarment to prove rehabilitation by clear and convincing evidence, a higher-than-normal burden of proof.
2. The court reviewed Clarke's history, noting he admitted to serious misconduct as an estate administrator, including taking $90,000 and a car for personal use and lying to the estate's heirs.
3. The court weighed evidence of Clarke's life since disbarment: earning a divinity degree, becoming a pastor, paying full restitution, reconciling with the heirs, and engaging in sustained community service.
4. Because the State Bar's Fitness Board investigated and found no pending grievances against Clarke and no outstanding restitution owed to the Client Security Fund, and it concluded he met his burden, the court independently reviewed the record and reached the same conclusion.
5. Based on this record, the court concluded Clarke satisfied the requirements for certification of fitness under the rules governing bar admission in Georgia.

• bar readmission
• attorney discipline
• disbarment
• rehabilitation
• estate mismanagement