In the Matter of John Carl Huber

John Carl Huber, a Georgia lawyer admitted to the State Bar in 2013, was convicted in 2022 of six felony counts and five misdemeanor counts, including aggravated assault, first-degree burglary, exploitation of an elder person, aggravated stalking, and false imprisonment. Because a felony conviction automatically violates the rule of professional conduct barring lawyers from committing felonies, Huber faced possible disbarment. He had already been suspended from practicing law in 2022 while his criminal appeal was pending. After the Court of Appeals of Georgia largely upheld his convictions and the Supreme Court of Georgia denied further review, Huber asked to voluntarily surrender his law license rather than face formal disciplinary proceedings. He also asked that the surrender be treated as effective from May 12, 2021, the day he was arrested and stopped practicing law. The State Bar agreed he had met the requirements for that backdating, and the court accepted his petition, removing him from the rolls of Georgia lawyers as of that date.

The court accepted Huber's voluntary surrender of his law license, which is treated the same as disbarment, and made it effective retroactively to May 12, 2021, because he showed he had voluntarily stopped practicing law that day and met all the ethical obligations required for such backdating.

The decision permanently removes a convicted felon from the practice of law in Georgia, protecting future clients from a lawyer with serious criminal convictions. It also illustrates how attorneys facing felony convictions can resolve discipline through voluntary surrender rather than a contested disbarment case.

Petition for voluntary surrender of license accepted

1. The court noted that Huber's felony convictions automatically violated Rule 8.4 (a) (2), the rule making it professional misconduct for a lawyer to be convicted of a felony, and that the maximum sanction for such a violation is disbarment.
2. Because Huber filed his petition to voluntarily surrender his license before a formal complaint was issued, the court could resolve the matter under Bar Rule 4-227 (b) (2) rather than through a full disciplinary hearing.
3. Applying the standard from a prior case, In the Matter of Onipede, the court explained that a lawyer seeking to have a suspension or surrender applied retroactively must show when he stopped practicing law and that he met his ethical duties to clients, such as helping them find new counsel and transferring files.
4. Huber submitted his own affidavit and one from his former employer showing he stopped practicing law on May 12, 2021, the date of his arrest, and had fulfilled those obligations, and the State Bar agreed this evidence satisfied the Onipede standard.
5. Based on that unopposed showing, the court concluded it was appropriate to accept the voluntary surrender and make it retroactive to May 12, 2021, resulting in Huber's removal from the rolls of Georgia attorneys.

• attorney disbarment
• voluntary surrender of license
• felony conviction
• State Bar of Georgia