In the Matter of Donald Richard Donovan

Donald Richard Donovan, a lawyer admitted to the State Bar of Georgia in 1979 who was serving as the District Attorney for Paulding County, was indicted on five felony counts including bribery and false swearing. He later pleaded guilty to a reduced misdemeanor charge of unprofessional conduct under Georgia's First Offender Act, admitting he knowingly made false statements in an affidavit he prepared responding to a sexual harassment complaint against him. As part of his probation sentence, Donovan was required to surrender his law license. He asked the Supreme Court of Georgia to accept his voluntary surrender, admitting the conduct violated the state's rules of professional conduct and that surrender is the same as disbarment. The State Bar agreed his misconduct warranted disbarment. The court reviewed both filings and accepted the surrender, removing his name from the rolls of lawyers allowed to practice in Georgia.

The court held that voluntary surrender of a law license, which is treated as equivalent to disbarment, was warranted given Donovan's admitted false statements in a sworn affidavit, and it accepted his petition, ordering his name removed from the rolls of Georgia lawyers.

The decision permanently ends Donovan's ability to practice law in Georgia, reinforcing that lying under oath and misconduct by public officials who are also lawyers can cost them their license, and signaling to other attorneys that criminal misconduct tied to their office carries professional consequences.

Voluntary surrender of license accepted

1. Donovan pleaded guilty to a misdemeanor count of unprofessional conduct under Georgia's First Offender Act (O.C.G.A. § 42-8-60 (a)), a law that lets certain first-time offenders avoid a formal conviction record if they complete probation, admitting he made false statements in a sworn affidavit.
2. Under the Georgia Rules of Professional Conduct, a first offender plea still counts as a conviction for disciplinary purposes, so Donovan's admitted conduct violated Rule 8.4 (a) (3), which bars criminal acts reflecting on a lawyer's fitness to practice.
3. Because the maximum penalty for that rule violation is disbarment, and Georgia treats voluntary surrender of a law license as legally the same as disbarment, the court found surrender an appropriate resolution.
4. The State Bar reviewed the matter and told the court that Donovan's misconduct warranted disbarment, and the court noted a similar past case where it accepted a voluntary surrender from a lawyer who pleaded no contest to obstructing officers under the First Offender Act.
5. Having reviewed both Donovan's petition and the State Bar's response, the court agreed the surrender should be accepted and ordered his name struck from the list of lawyers authorized to practice in Georgia.

• voluntary surrender of law license
• attorney disbarment
• district attorney misconduct
• false swearing
• First Offender Act