Georgia Commons

Supreme Court of Georgia · bar discipline

In the Matter of Cory Howerton Fleming

Filed January 11, 2022 · Docket S22Y0339 · 867 S.E.2d 819

The Supreme Court of Georgia granted South Carolina attorney Cory Howerton Fleming's own request to be emergency suspended from practicing law in Georgia, mirroring an interim suspension already imposed by South Carolina's highest court.

In plain language

Cory Howerton Fleming, a lawyer licensed in Georgia, was interimly suspended from practicing law by the Supreme Court of South Carolina on October 8, 2021. Fleming told the State Bar of Georgia about that suspension, as Georgia's rules require, and then filed his own petition asking the Supreme Court of Georgia to impose matching, or 'reciprocal,' discipline here. The State Bar of Georgia reviewed the petition and asked the court to grant it. The Supreme Court of Georgia agreed that an emergency suspension was appropriate and ordered Fleming suspended from practicing law in Georgia immediately, and until the court issues a further order.

What the court decided

When a lawyer voluntarily petitions for reciprocal discipline after being interimly suspended in another state, and the State Bar supports the petition, the Supreme Court of Georgia will grant an emergency suspension from the practice of law pending further order.

Why it matters

The order immediately stops Fleming from practicing law in Georgia while the underlying South Carolina matter proceeds, protecting his current and prospective clients from a lawyer already found to warrant interim suspension elsewhere. It also shows how Georgia coordinates discipline with other states' bar systems.

Outcome

Petition for voluntary discipline accepted; emergency suspension imposed

How the court got there

  1. Fleming admitted that the Supreme Court of South Carolina had issued an interim suspension order against him on October 8, 2021, under South Carolina's version of Georgia's emergency suspension rule.
  2. Fleming then followed Georgia's rule requiring lawyers to notify the State Bar of Georgia promptly after being suspended elsewhere (GRPC Rule 9.4 (b), the reciprocal discipline rule), and he filed his own petition asking for matching discipline in Georgia.
  3. The State Bar of Georgia reviewed the petition and responded by asking the court to grant it, rather than opposing the request.
  4. Citing its past practice in similar cases involving lawyers suspended or impaired in other jurisdictions, the court concluded that granting Fleming's voluntary petition for emergency suspension was the appropriate response, and it ordered him suspended from practicing law immediately.

Topics

  • attorney suspension
  • reciprocal discipline
  • State Bar of Georgia
  • South Carolina bar suspension

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In the Matter of Cory Howerton Fleming | Georgia Commons