In the Matter of W. McCall Calhoun, Jr

W. McCall Calhoun, Jr., a Georgia lawyer since 1990, was convicted of federal crimes tied to his participation in the events at the U.S. Capitol on January 6, 2021. The Supreme Court of Georgia suspended him while his conviction was on appeal. After his felony conviction was vacated and he received a presidential pardon covering all his offenses, the case went back to a Special Master to decide whether he should still face professional discipline. Calhoun admitted he violated a Bar rule against committing a criminal act reflecting on his fitness as a lawyer, based on his admitted trespassing in a restricted building. He and the State Bar agreed a public reprimand, the mildest form of discipline, was appropriate, and the Special Master recommended the same. The Supreme Court of Georgia disagreed. Reviewing the full record, including Calhoun's own social media posts boasting about a violent takeover of the Capitol and threats toward members of Congress, the court rejected the proposed reprimand and sent the case back for further proceedings, suggesting disbarment may be warranted instead.

The court held that Calhoun's admitted criminal conduct under Rule 8.4(a)(8) warrants more than a public reprimand, because his own social media statements indicate willing participation in a violent effort to interfere with the certification of the 2020 election, and it rejected the petition for voluntary discipline, remanding for further proceedings.

The ruling signals that a federal pardon does not shield a lawyer from state disciplinary consequences for the underlying conduct, and it shows the Georgia Bar disciplinary system can override a negotiated, lenient sanction when the full record reveals more serious misconduct.

Petition for voluntary discipline rejected; remanded for further proceedings

1. The court explained that Rule 8.4(a)(8), a Georgia-specific rule punishing criminal acts that reflect on a lawyer's fitness, covers conduct similar to other Bar rules addressing felony convictions, crimes of moral turpitude, or dishonest conduct, and violations of those related rules are treated as very serious and often result in disbarment.
2. The court noted that a presidential pardon does not erase the underlying misconduct for purposes of attorney discipline, citing prior Georgia cases holding that pardons do not automatically restore a lawyer's standing or prevent disbarment for the conduct that led to the pardoned conviction.
3. The court found it improper to treat Calhoun's ongoing suspension since 2023 as a mitigating factor, because an involuntary interim suspension imposed while an appeal was pending is not the same as voluntarily stopping the practice of law.
4. Reviewing social media posts introduced by the State Bar, the court found Calhoun described participating in a hostile, violent takeover of the Capitol, clashing with police, and searching for members of Congress including threatening language about House Speaker Nancy Pelosi, which suggested conduct far more serious than a simple trespass.
5. Based on this evidence, the court concluded that if Calhoun was as involved as his own posts indicate, a punishment lighter than disbarment would be inadequate, so it rejected the agreed public reprimand and sent the case back for further proceedings to explore the full scope of his conduct.

• attorney discipline
• January 6 Capitol riot
• presidential pardon
• State Bar of Georgia
• public reprimand rejected