--- title: In the Matter of Barry Wayne Rorex collection: opinions id: S20Y0814 cite_as: In the Matter of Barry Wayne Rorex, 308 Ga. 488 (2020) canonical_url: https://georgiacommons.org/opinions/S20Y0814 md_url: https://georgiacommons.org/opinions/S20Y0814.md text_url: https://georgiacommons.org/opinions/S20Y0814/text source_url: https://www.courtlistener.com/opinion/10367533/in-the-matter-of-barry-wayne-rorex/ date: 2020-04-06 status: published corpus_version: opinions-2026-09-14 license: Public record of the Supreme Court of Georgia, via CourtListener and the court's own website; see about.md publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice. up: https://georgiacommons.org/opinions/2020.md previous: https://georgiacommons.org/opinions/S20Y0312.md next: https://georgiacommons.org/opinions/S20Y0815.md index: https://georgiacommons.org/opinions/index.md omitted: opinion extras omitted_chars: 1385 omitted_url: https://georgiacommons.org/opinions/S20Y0814.md?full=1 docket: S20Y0814 citation: 308 Ga. 488 court: Supreme Court of Georgia case_type: bar discipline authoring_justice: Per Curiam disposition: Six-month suspension imposed, with conditions on reinstatement vote: All the Justices concur word_count: 735 date_filed_source: courtlistener citations: - 841 S.E.2d 662 record_source: courtlistener legal_areas: - professional discipline upstream_id: "10367533" summaries_model: claude-sonnet-5 --- # In the Matter of Barry Wayne Rorex Supreme Court of Georgia, docket S20Y0814, filed 2020-04-06, 308 Ga. 488. ## Opinion 308 Ga. 488 FINAL COPY S20Y0814. IN THE MATTER OF BARRY WAYNE ROREX. PER CURIAM. This disciplinary matter is before the Court on the State Disciplinary Review Board’s report and recommendation recommending that the license of Respondent Barry Wayne Rorex (State Bar No. 615160) be suspended for six months based on a similar suspension in Arizona. We agree. The record shows that disciplinary proceedings were initiated in Arizona against Rorex and that, after he failed to respond, he was found to be in default.1 The facts, which were deemed to have been admitted, were that in 2014 and 2015, Rorex violated various disciplinary rules by abandoning the legal matters of three separate clients, failing to adequately communicate with those clients, failing to return the clients’ files or unearned fees, and failing to respond to 1 Rorex was later allowed to present some evidence in mitigation of discipline, which the Arizona Bar indicated it considered in reaching its decision as to the proper level of discipline. the Arizona Bar. On June 21, 2017, the Supreme Court of Arizona ordered that Rorex be suspended for six months and one day (retroactive to February 24, 2017) with conditions on reinstatement.2 In July 2019, the State Bar of Georgia issued a Notice of Reciprocal Discipline pursuant to Rule 9.4 (b) (2) and mailed it to Rorex at his official address of record, but he did not acknowledge service or file a response. After an unsuccessful effort at personal service, the State Bar served Rorex by publication in accordance with Bar Rule 4-203.1 (b) (3) (ii). Rorex, who has been a member of the Georgia Bar since 1997, has not responded or filed any objection to this reciprocal proceeding. After considering the record, the Review Board noted that Rorex had not yet been reinstated in Arizona, and that, under Bar Rule 9.4 (b) (3), it was required to recommend substantially similar discipline unless it found from the face of the record that certain 2 The conditions imposed on Rorex’s reinstatement were the payment of restitution to his three former clients and payment of costs and expenses associated with the Arizona Bar’s prosecution of the disciplinary matter. elements existed that would give it the discretion to make such other recommendation as it deemed appropriate. The Review Board found that Rorex had been provided with sufficient notice and opportunity to be heard regarding the disciplinary proceedings both here and in Arizona; that the underlying conduct would be a violation of disciplinary rules in Georgia; that the conduct would be subject to similar discipline in this State; and that none of the elements set forth in Bar Rule 9.4 (b) (3) were present. Therefore, the Review Board recommended that Rorex be suspended from the practice of law in Georgia for six months from the date of the Supreme Court’s order, with his reinstatement conditioned on his reinstatement to practice law in Arizona after the payment of restitution and costs as described in the Arizona disciplinary order dated June 21, 2017. Having reviewed the record, we agree with the State Disciplinary Review Board as to the appropriate sanction in this reciprocal discipline matter. Accordingly, it is hereby ordered that Barry Wayne Rorex be suspended from the practice of law in this State for a period of six months from the date of this opinion with his reinstatement conditioned on proof of reinstatement in Arizona after the payment of restitution and costs as described in the Arizona disciplinary order dated June 21, 2017. If Rorex wishes to seek reinstatement, he must offer proof to the State Bar’s Office of General Counsel that he has been reinstated to the practice of law in Arizona and that he has made restitution and paid costs as ordered by the Supreme Court of Arizona. If the State Bar agrees that this condition has been met, the State Bar will submit a notice of compliance to this Court, and this Court will issue an order granting or denying reinstatement. We remind Rorex of his duties pursuant to Bar Rule 4-219 (b). Six-month suspension with conditions on reinstatement. Melton, C. J., Nahmias, P. J., and Blackwell, Boggs, Peterson, Warren, Bethel, and Ellington, JJ., concur. DECIDED APRIL 6, 2020. Suspension. Paula J. Frederick, General Counsel State Bar, William D. NeSmith III, Deputy General Counsel State Bar, Jenny K. Mittelman, Adrienne D. Nash, Assistant General Counsel State Bar, for State Bar of Georgia. ## Summaries written by Georgia Commons The following was written by claude-sonnet-5 from the opinion above and is not part of the court's opinion. Quote the opinion, not the summary. The Supreme Court of Georgia suspended a Georgia lawyer for six months after Arizona disciplined him for abandoning three clients, matching the sanction Arizona already imposed under the state's reciprocal discipline rules. ### Plain-language summary Barry Wayne Rorex, a member of the Georgia Bar since 1997, was disciplined in Arizona after he abandoned the legal matters of three separate clients, failed to communicate with them, kept their files and unearned fees, and ignored the Arizona State Bar's inquiries. Because he did not respond to the Arizona proceedings, he was found in default and the Supreme Court of Arizona suspended him for six months and one day, with reinstatement conditioned on paying restitution and costs. The State Bar of Georgia then sought matching discipline here, known as reciprocal discipline, and served Rorex by publication after he could not be reached directly. Rorex never responded. The State Disciplinary Review Board found Georgia's rules required similar discipline unless certain exceptions applied, and none did. The Supreme Court of Georgia agreed and suspended Rorex for six months, conditioning his reinstatement on proof that he has been reinstated in Arizona and has paid the required restitution and costs. ### Holding, as summarized Under Georgia's reciprocal discipline rule, an attorney disciplined by another state's bar must receive substantially similar discipline in Georgia unless specific exceptions apply, and because none applied here, Rorex was suspended for six months with reinstatement conditioned on his Arizona restitution and cost payments. ### Disposition Six-month suspension imposed, with conditions on reinstatement. All the Justices concur. ### Why it matters The decision shows Georgia lawyers disciplined in other states will typically face matching suspensions here, protecting Georgia clients from attorneys who have already been found to have abandoned clients or mishandled their cases elsewhere. > The summarized reasoning, checked quotes, suggested questions, and the CourtListener opinion records (1,385 characters) are at https://georgiacommons.org/opinions/S20Y0814.md?full=1