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Supreme Court of Georgia · bar discipline

In the Matter of John Carl Huber

Filed August 9, 2022 · Docket S22Y1131 · 877 S.E.2d 243

The Supreme Court of Georgia agreed to suspend an attorney's law license while he appeals his felony convictions, including aggravated assault and burglary, rather than deciding whether to disbar him now.

In plain language

John Carl Huber, a Georgia attorney, was convicted in March 2022 of 11 of 13 charges in a Hall County indictment, including aggravated assault, first-degree burglary, and aggravated stalking, and was sentenced to 30 years with two years to serve. He appealed his convictions and asked the Supreme Court of Georgia to suspend his law license temporarily while that appeal is pending, rather than face disbarment proceedings right away. The State Bar agreed with an interim suspension, as long as it lasted only until the appeal was resolved, Huber promptly reported the outcome, and the Bar could then pursue further discipline. The court accepted the petition, noting Huber had already stopped practicing law since his arrest and had properly reported his convictions to the Bar. It ordered him suspended until the appeal concludes and further order of the court.

What the court decided

The court held that Huber's petition for interim suspension under Bar Rule 4-106 (f) should be accepted because his felony convictions violate Rule 8.4 (a) (2), he properly reported them, and suspension pending appeal is the appropriate interim measure rather than immediate disbarment.

Why it matters

The ruling shows how Georgia handles lawyers convicted of serious crimes while their appeals are pending: they can be pulled from practicing law immediately without waiting years for a final disbarment decision, protecting clients and the public from lawyers facing felony convictions.

Outcome

Petition for interim suspension accepted; suspended until further order of the Court

How the court got there

  1. Huber's felony convictions, including aggravated assault, first-degree burglary, and aggravated stalking, constitute violations of Rule 8.4 (a) (2) of the State Bar's disciplinary rules, which treats certain criminal convictions as professional misconduct that can result in disbarment.
  2. Bar Rule 4-106 allows an attorney facing such convictions to seek interim suspension of his license while a direct appeal of the convictions is pending, rather than immediately facing final disciplinary action.
  3. Huber met the procedural requirements by timely reporting his convictions to the State Bar within 60 days as required by Rule 9.1 (a) (2) and by filing his notice of appeal shortly after sentencing.
  4. The State Bar agreed to the interim suspension on conditions that it end when the appeal is resolved, that Huber promptly report the outcome, and that the Bar retain the ability to pursue further proceedings after the appeal concludes.
  5. Relying on prior cases accepting similar petitions for suspension pending appeal or during pending criminal charges, the court concluded that accepting Huber's petition for interim suspension, on the Bar's stated conditions, was appropriate.

Topics

  • attorney suspension
  • felony convictions
  • State Bar of Georgia
  • interim suspension
  • appeal of criminal conviction

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In the Matter of John Carl Huber | Georgia Commons