--- title: In the Matter of James Caleb Clarke III collection: opinions id: S20Z0712 cite_as: In the Matter of James Caleb Clarke III, 309 Ga. 187 (2020) canonical_url: https://georgiacommons.org/opinions/S20Z0712 md_url: https://georgiacommons.org/opinions/S20Z0712.md text_url: https://georgiacommons.org/opinions/S20Z0712/text source_url: https://www.courtlistener.com/opinion/10367456/in-the-matter-of-james-caleb-clarke-iii/ date: 2020-06-16 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/S20A0134.md next: https://georgiacommons.org/opinions/S20A0064.md index: https://georgiacommons.org/opinions/index.md omitted: opinion extras omitted_chars: 1714 omitted_url: https://georgiacommons.org/opinions/S20Z0712.md?full=1 docket: S20Z0712 citation: 309 Ga. 187 court: Supreme Court of Georgia case_type: bar discipline authoring_justice: Per Curiam disposition: Certification of fitness for readmission granted vote: All the Justices concur word_count: 668 date_filed_source: courtlistener citations: - 844 S.E.2d 724 record_source: courtlistener legal_areas: - professional discipline upstream_id: "10367456" summaries_model: claude-sonnet-5 --- # In the Matter of James Caleb Clarke III Supreme Court of Georgia, docket S20Z0712, filed 2020-06-16, 309 Ga. 187. ## Opinion 309 Ga. 187 FINAL COPY S20Z0712. IN THE MATTER OF JAMES CALEB CLARKE III. PER CURIAM. This bar admission matter is before the Court on the Application for Certification of Fitness to Practice Law, pursuant to Part A, Section 10 of the Rules Governing Admission to Practice Law in Georgia (“Bar Admissions Rules”), filed by James Caleb Clarke III. In 2002, Clarke voluntarily surrendered his license, which is tantamount to disbarment, after admitting that he engaged in misconduct that violated then-applicable Standards 44, 65 (A), and 65 (D), of the Georgia Rules of Professional Conduct found in Bar Rule 4-102 (d). See In the Matter of Clarke, 275 Ga. 814 (573 SE2d 81) (2002). Specifically, in his petition to surrender his license, Clarke admitted that while serving as the administrator of an estate, he withdrew $90,000 from the estate account for his own personal use (later paying it back), appropriated for his own personal use an automobile that was property of the estate, falsely told the heirs he had sold the vehicle and deposited the proceeds into the estate account, and failed to file proper income tax returns on behalf of the estate between 1996 and 1999. See id. at 814-815. On August 28, 2019, Clarke filed his Application for Certification of Fitness, which reflects that following his disbarment, Clarke attended Columbia Theological Seminary and graduated with a Master’s Degree in Divinity in May 2007. Clarke then began serving as a pastor, and currently serves as a senior pastor at a Presbyterian church in Stone Mountain, Georgia, where he has been employed since January 2010. In his statement of rehabilitation, Clarke admits that he violated his responsibilities and mishandled the office of executor and states that he has since paid full restitution to the estate and has reconciled with the heirs. He further states that in his current role as a senior pastor, he oversees youth education programs, a care center for senior adults, and the budget at his church, and engages in regular service to the community, including at local refugee centers and hospitals and by providing marriage counseling to couples. In addition to the statement of rehabilitation, Clarke provided several letters of support from his colleagues and members of his congregation, which commend his honesty, integrity, and service to and support of members of his community. An heir to the estate that Clarke mishandled provided a letter of support, stating that she feels “deeply convinced that [Clarke] has turned his life around and has earned reinstatement of his attorney’s license.” Through its investigation, the Fitness Board determined that no grievances or other disciplinary matters against Clarke are pending before the State Bar and that he owes no restitution to the Client Security Fund. At an informal conference convened before the Fitness Board, Clarke acknowledged and accepted responsibility for his past wrongdoing, expressed gratitude for the personal growth that he has undergone in its aftermath, and expressed his desire to clear his name in order to provide a positive legacy for his family. After considering Clarke’s testimony and written submissions, the Fitness Board concluded that Clarke had, by clear and convincing evidence, carried his burden of demonstrating rehabilitation. See In re Cason, 249 Ga. 806, 808 (294 SE2d 520) (1982). Upon consideration of the entire record, we likewise conclude that Clarke has shown that he is entitled to be certified as fit to practice law in Georgia. Accordingly, as it appears that Clarke has satisfied all requirements for approval of his application for certification of fitness, see Bar Admissions Rules, Part A, Section 10, this Court grants Clarke’s application for certification of fitness and orders that, upon satisfaction of all the requirements of Part B of the Bar Admissions Rules, including taking and passing the Georgia Bar Examination, Clarke may be readmitted as an attorney licensed to practice law in the State of Georgia. Certification of fitness for readmission granted. All the Justices concur. DECIDED JUNE 16, 2020. Reinstatement. Heidi M. Faenza, for Office of Bar Admissions. ## 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 certified James Caleb Clarke III, a former lawyer who surrendered his license in 2002 after admitting he stole money from an estate he managed, as fit to practice law again. ### Plain-language summary James Caleb Clarke III used to be a lawyer, but in 2002 he gave up his law license after admitting he took $90,000 from an estate account he was managing as its administrator, took an estate car for himself, lied to the heirs about selling that car, and failed to file the estate's tax returns for several years. Giving up his license that way counts as being disbarred. After losing his license, Clarke went to seminary, became a Presbyterian pastor in Stone Mountain, Georgia, paid back the money he had taken, and made peace with the heirs of the estate he had mishandled. He applied to the State Bar's Fitness Board to be certified as fit to practice law again, backed by letters of support, including one from an heir he had wronged. The Fitness Board found he had proven his rehabilitation, and the Supreme Court of Georgia agreed, granting his certification so he can be readmitted once he meets the remaining requirements, including passing the Georgia Bar Exam. ### Holding, as summarized The court held that Clarke proved by clear and convincing evidence that he has been rehabilitated since his 2002 disbarment, including through restitution, reconciliation with those he harmed, and years of community service, and is therefore fit to be certified for readmission to practice law. ### Disposition Certification of fitness for readmission granted. All the Justices concur. ### Why it matters The decision shows how a disbarred lawyer in Georgia can earn a path back to practicing law by demonstrating years of rehabilitation, restitution, and community service, giving the public and the profession a concrete example of the standards the State Bar and courts apply. > The summarized reasoning, checked quotes, suggested questions, and the CourtListener opinion records (1,714 characters) are at https://georgiacommons.org/opinions/S20Z0712.md?full=1