--- title: In the Matter of John Carl Huber collection: opinions id: S24Y1132 cite_as: In the Matter of John Carl Huber, 320 Ga. 314 (2024) canonical_url: https://georgiacommons.org/opinions/S24Y1132 md_url: https://georgiacommons.org/opinions/S24Y1132.md text_url: https://georgiacommons.org/opinions/S24Y1132/text source_url: https://www.courtlistener.com/opinion/10680219/in-the-matter-of-john-carl-huber/ date: 2024-11-05 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/2024.md previous: https://georgiacommons.org/opinions/S24A0884.md next: https://georgiacommons.org/opinions/S25Y0009.md index: https://georgiacommons.org/opinions/index.md omitted: opinion extras omitted_chars: 2109 omitted_url: https://georgiacommons.org/opinions/S24Y1132.md?full=1 docket: S24Y1132 citation: 320 Ga. 314 court: Supreme Court of Georgia case_type: bar discipline authoring_justice: Per Curiam disposition: Petition for voluntary surrender of license accepted vote: All the Justices concur word_count: 825 date_filed_source: courtlistener citations: - 908 S.E.2d 626 record_source: courtlistener legal_areas: - professional discipline - criminal law upstream_id: "10680219" summaries_model: claude-sonnet-5 --- # In the Matter of John Carl Huber Supreme Court of Georgia, docket S24Y1132, filed 2024-11-05, 320 Ga. 314. ## Opinion 320 Ga. 314 FINAL COPY S24Y1132. IN THE MATTER OF JOHN CARL HUBER. PER CURIAM. This disciplinary matter is before the Court on the petition for voluntary surrender of license filed by John Carl Huber (State Bar No. 125360) prior to the issuance of a formal complaint. See Bar Rule 4-227 (b) (2). Huber, who has been a member of the State Bar since 2013, admits that on March 1, 2022, he was convicted of six felony counts and five misdemeanor counts, as follows: one count of aggravated assault in violation of OCGA § 16-5-21; one count of burglary in the first degree in violation of OCGA § 16-7-1 (b); one count of exploitation of an elder person in violation of OCGA § 16-5- 102 (a); one count of aggravated stalking in violation of OCGA § 16- 5-91; one count of terroristic threats in violation of OCGA § 16-11- 37 (b); one count of false imprisonment in violation of OCGA § 16-5- 41; two counts of battery in violation of OCGA § 16-5-23 (f); two counts of hindering an emergency call in violation of OCGA § 16-10- 24.3; and theft by taking in violation of OCGA § 16-8-2. Huber admits that due to his felony convictions, he violated Rule 8.4 (a) (2)1 of the Georgia Rules of Professional Conduct found in Bar Rule 4- 102 (d). The maximum sanction for a violation of Rule 8.4 (a) (2) is disbarment. Huber filed a notice of appeal of his convictions to the Court of Appeals, and a petition for an order of interim suspension pending final resolution of his appeal with this Court. On August 9, 2022, we accepted his petition and suspended him from the practice of law. In the Matter of Huber, 314 Ga. 426 (877 SE2d 243) (2022). On June 27, 2023, the Court of Appeals issued its opinion, in which it agreed that one of the misdemeanor battery counts should have merged with the felony elder abuse count for sentencing, and accordingly vacated in part and remanded for re-sentencing; however, the Court of Appeals otherwise affirmed his convictions and sentences. See Huber v. State, 368 Ga. App. 401 (890 SE2d 271) (2023). Huber filed 1 Rule 8.4 (a) (2) provides that it shall be a violation of the Georgia Rules of Professional Conduct for a lawyer to be convicted of a felony. a petition for a writ of certiorari, which we denied. See Case No. S23C1147 (denied February 6, 2024). The trial court then entered an amended sentencing order merging the two counts. Huber remained incarcerated from his date of arrest on May 12, 2021, through and until his release on May 12, 2023. On May 12, 2023, Huber states that he entered a rehabilitation facility, where he remained until May 12, 2024, when he successfully completed the program, and he has since complied with all court orders in the criminal matter. Huber asks that this Court accept his voluntary surrender of license and that it be entered nunc pro tunc to May 12, 2021, the day he attests he quit practicing law. See In the Matter of Onipede, 288 Ga. 156, 156-157 (702 SE2d 136) (2010). In support, he included with his petition his own affidavit as well as one from his employer at the time of this incident. The State Bar has responded and agrees with Huber that this Court should accept the petition for voluntary surrender of license nunc pro tunc to May 12, 2021, because Huber has made the evidentiary showing required under Onipede. See 288 Ga. at 157 (“[W]hen an attorney requests entry of a suspension or voluntary surrender order nunc pro tunc, it is the lawyer’s responsibility to demonstrate that they voluntarily stopped practicing law, the date on which their law practice ended, and that they complied with all the ethical obligations implicated in such a decision, such as assisting clients in securing new counsel and facilitating the transfer of client files and critical information about ongoing cases to new counsel.”). Specifically, the State Bar notes that by affidavit, Huber demonstrated that he voluntarily stopped the practice of law on May 12, 2021, and complied with all ethical obligations implicated by his cessation of the practice of law. Having reviewed the record, we agree to accept Huber’s petition for voluntary surrender of his license, which is tantamount to disbarment, nunc pro tunc to May 12, 2021. Accordingly, it is ordered that the name of John Carl Huber be removed from the rolls of persons authorized to practice law in the State of Georgia. Huber is reminded of his duties pursuant to Bar Rule 4-219 (b). Petition for voluntary surrender of license accepted. All the Justices concur. Decided November 5, 2024. Voluntary surrender of license. Paula J. Frederick, General Counsel State Bar, William D. NeSmith III, Deputy General Counsel State Bar, William V. Hearnburg, Jr., Andreea N. Morrison, 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 disbarred attorney John Carl Huber by accepting his voluntary surrender of license, backdated to May 12, 2021, after his felony convictions for aggravated assault, burglary, and other crimes. ### Plain-language summary 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. ### Holding, as summarized 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. ### Disposition Petition for voluntary surrender of license accepted. All the Justices concur. ### Why it matters 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. > The summarized reasoning, checked quotes, suggested questions, and the CourtListener opinion records (2,109 characters) are at https://georgiacommons.org/opinions/S24Y1132.md?full=1