In re Ervin

Supreme Court of Georgia

In re Ervin

518 S.E.2d 423, 271 Ga. 234, 99 Fulton County D. Rep. 2234, 1999 Ga. LEXIS 579

CourtSupreme Court of Georgia

DecidedJune 14, 1999

DocketS99A1268

StatusPublished

This text of 518 S.E.2d 423 (In re Ervin) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Ervin, 518 S.E.2d 423, 271 Ga. 234, 99 Fulton County D. Rep. 2234, 1999 Ga. LEXIS 579 (Ga. 1999).

Pincite

Opinion

Per curiam.

Pursuant to Rule 8-107 of the State Bar, the Commission on Continuing Lawyer Competency (CCLC) reported that Joseph B. Ervin failed to comply with the mandatory continuing legal education requirements for 1997. Accordingly, on December 23, 1998, this Court entered an order specifying that, unless it received notice from the CCLC by January 30, 1999 indicating Ervin’s compliance, he would then be suspended from membership in the State Bar until such time as he did comply with the requirements and with Rule 8-108 of the State Bar. When the CCLC subsequently reported that Ervin had not complied with the order of December 23, 1998, this Court suspended him from membership in the State Bar on February 16, 1999. That order of suspension again specified that Ervin’s readmission was contingent upon the CCLC reporting to this Court that he had complied with mandatory legal education requirements for 1997 and upon compliance with Rule 8-108 of the State Bar.

Ervin has now filed directly in this Court a motion to vacate the suspension order of February 16, 1999. It is clear, however, that he may seek reinstatement only pursuant to Rule 8-108 of the State Bar. Under that Rule, this Court will order reinstatement only pursuant to a motion of the CCLC and upon a showing that Ervin has corrected any delinquency and paid the applicable reinstatement fee. Therefore, Ervin’s motion to vacate the suspension order of February 16, 1999 is denied and, in accordance with Rule 8-108 of the State Bar, he is directed to seek any future reinstatement through the offices of the CCLC as provided by said Rule.

Motion denied.

All the Justices concur.

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Per curiam.

Pursuant to Rule 8-107 of the State Bar, the Commission on Continuing Lawyer Competency (CCLC) reported that Joseph B. Ervin failed to comply with the mandatory continuing legal education requirements for 1997. Accordingly, on December 23, 1998, this Court entered an order specifying that, unless it received notice from the CCLC by January 30, 1999 indicating Ervin’s compliance, he would then be suspended from membership in the State Bar until such time as he did comply with the requirements and with Rule 8-108 of the State Bar. When the CCLC subsequently reported that Ervin had not complied with the order of December 23, 1998, this Court suspended him from membership in the State Bar on February 16, 1999. That order of suspension again specified that Ervin’s readmission was contingent upon the CCLC reporting to this Court that he had complied with mandatory legal education requirements for 1997 and upon compliance with Rule 8-108 of the State Bar.

Ervin has now filed directly in this Court a motion to vacate the suspension order of February 16, 1999. It is clear, however, that he may seek reinstatement only pursuant to Rule 8-108 of the State Bar. Under that Rule, this Court will order reinstatement only pursuant to a motion of the CCLC and upon a showing that Ervin has corrected any delinquency and paid the applicable reinstatement fee. Therefore, Ervin’s motion to vacate the suspension order of February 16, 1999 is denied and, in accordance with Rule 8-108 of the State Bar, he is directed to seek any future reinstatement through the offices of the CCLC as provided by said Rule.

Motion denied.

All the Justices concur.

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Bluebook (online)

518 S.E.2d 423, 271 Ga. 234, 99 Fulton County D. Rep. 2234, 1999 Ga. LEXIS 579, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ervin-ga-1999.