In re Hunt

820 S.E.2d 716, 304 Ga. 635
CourtSupreme Court of Georgia
DecidedOctober 22, 2018
DocketS19Y0099
StatusPublished
Cited by10 cases

This text of 820 S.E.2d 716 (In re Hunt) 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 Hunt, 820 S.E.2d 716, 304 Ga. 635 (Ga. 2018).

Opinion

PER CURIAM.

**635Richard Allen Hunt (State Bar No. 378650) was admitted to practice law in 1973 and has been sanctioned for disciplinary violations **636five times. After an October 2015 hearing, a judge reported Hunt to the State Bar for alleged ethical violations. In October 2016, the Investigative Panel of the State Disciplinary Board issued a Notice of Finding of Probable Cause. Hunt filed a petition for voluntary discipline admitting several violations of a single rule and seeking a suspension of six months to one year, which this Court rejected. See In the Matter of Hunt, 301 Ga. 661, 802 S.E.2d 243 (2017). He filed a second petition for voluntary discipline admitting the same rule violations and seeking a suspension of 18 months to two years but later withdrew that petition with the Court's permission. See In the Matter of Hunt, S18Y0326 (Feb. 5, 2018). The State Bar then filed a formal complaint in February 2018. Hunt filed a verified, pro se answer admitting virtually all the complaint's factual allegations, and Special Master Adam Hames granted the State Bar's unopposed motion for judgment on the pleadings. After an evidentiary hearing on mitigation, on July 23, 2018, the special master issued a report, recommending that this Court disbar Hunt. Hunt did not seek review by the State Disciplinary Review Board and thus waived his right to file exceptions with this Court. See former Bar Rule 4-217 (c).1

As the special master recounts, Hunt's verified answer admitted the following facts, which the record supports. Hunt represented a client and her two minor sons in a wrongful death case, and in November 2002, Hunt settled the case for $100,000, with the client receiving $50,000 and each child receiving $25,000. Hunt then represented the client in probate court, helping her get appointed as her sons' conservatrix (which at the time was called a "guardian of the property") and file some, but not all, of the required annual probate court reports. In 2011, when the client's home was in foreclosure, she removed *718$737 from each child's account to make a mortgage payment without the court's permission. The court later cited her for removing the funds, mismanagement of the accounts, and not filing all the required reports, and after a January 2014 hearing, the court revoked her appointment as conservatrix and appointed Althea Caces as successor conservatrix. Hunt offered to deliver the children's funds to **637Caces, so the client gave him her sons' money-almost $60,000-which he deposited into his attorney trust account, and at the client's request, he appealed the order revoking her appointment as her sons' conservatrix. By the end of January 2014, Hunt had taken more than half of the children's funds from his attorney trust account, and over time he took all but a few dollars, spending the money for his own personal and business expenses.

On March 4, 2015, the Court of Appeals affirmed the probate court's order revoking the client's appointment as the children's conservatrix in an unpublished opinion. See In re Estate of Gonzalez, A14A1665 & A14A1691. At the client's request, Hunt filed a petition for certiorari, which this Court denied on June 1, 2015. See In re Estate of Gonzalez, S15C1036. The next month, Caces asked Hunt for the children's money, and he sent her two checks for $29,903.86 drawn on his attorney trust account, even though the account had insufficient funds to cover the checks. The checks bounced, and Cobb County Probate Court Judge Kelli L. Wolk ordered Hunt to appear in court on October 19, 2015, and deliver the children's money to Caces. Hunt appeared at the hearing, bringing a certified check for only half the funds, and he admitted to Judge Wolk that he had spent the children's money for his own personal and business purposes. Hunt asked for a continuance to obtain counsel, which was granted, and Judge Wolk reconvened the hearing a week later, on October 26, 2015.2 Hunt appeared without counsel, and he had not turned over the rest of the children's money to Caces. Hunt did not fully replace the funds that he misappropriated until several months later.

On June 29, 2018, the special master granted the State Bar's unopposed motion for judgment on the pleadings. The special master concluded that Hunt violated Georgia Rule of Professional Conduct ("Rule") 1.15 (I) (a) by removing the children's money from his attorney trust account and using it for his own personal and business purposes.3 The special master concluded that Hunt violated Rule 1.15 (I) (c) by failing to promptly deliver the children's funds from the **638client, as conservatrix, to Caces, as successor conservatrix.4 The special master concluded that Hunt violated Rule 1.15 (II) (b) by withdrawing the children's money from his attorney trust account and commingling his funds with the children's funds.5 While Hunt admitted in *719his answer that he used the children's money, he claimed that he did so "with notice to all interested parties." The special master assumed the truth of this factual allegation for purposes of the State Bar's motion for judgment on the pleadings but said that it did not change Hunt's admission of facts showing that he violated the Rules. Finally, the special master concluded that Hunt violated Rule 8.4 (a) (4) by telling the client that he would deliver her sons' money to Caces and not doing so and by dishonestly taking fiduciary funds to which he was not entitled.6 The maximum sanction for a single violation of Rule 1.15 (I), 1.15 (II) (b), or 8.4 (a) (4) is disbarment.

Hunt then requested an evidentiary hearing on mitigation, which the special master held on July 17, 2018. At the hearing, Hunt asked the special master to recommend a lengthy suspension in lieu of disbarment, while the State Bar argued that Hunt should be disbarred. Hunt's counsel stated, without objection, that Hunt had been practicing law for 44 years, that he started his career as a public defender, that he worked in the public defender's office for seven years before going into private practice, that he had been battling prostate cancer for the last six-and-a-half years, and that he has done a great deal of pro bono work over the years, including helping a young immigrant with his immigration status. Hunt then testified and presented a short, written outline of his general personal and business history, a portion of which the special master sealed at **639the State Bar's request. The State Bar cross-examined Hunt and presented a transcript, which the special master also sealed, of the October 26, 2015 hearing that prompted Judge Wolk to report Hunt to the State Bar.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In the Matter of Jonathan Reuven Melnick
905 S.E.2d 645 (Supreme Court of Georgia, 2024)
In THE MATTER OF DEIRDRE MARIA STEPHENS (Two Cases)
318 Ga. 375 (Supreme Court of Georgia, 2024)
In THE MATTER OF DERRIC CROWTHER (Two Cases)
318 Ga. 277 (Supreme Court of Georgia, 2024)
In the Matter of Christopher Ryan Breault
897 S.E.2d 385 (Supreme Court of Georgia, 2024)
In THE MATTER OF ROBERT MALLORY CRAWFORD (Two Cases)
317 Ga. 297 (Supreme Court of Georgia, 2023)
In the Matter of Trent Lee Coggins
879 S.E.2d 502 (Supreme Court of Georgia, 2022)
In the Matter of Glen Roy Fagan
876 S.E.2d 242 (Supreme Court of Georgia, 2022)
In the Matter of L. Nicole Brantley
855 S.E.2d 625 (Supreme Court of Georgia, 2021)
In the Matter of David R. Sicay-Perrow
854 S.E.2d 728 (Supreme Court of Georgia, 2021)
In the Matter of Richard Allen Hunt
304 Ga. 635 (Supreme Court of Georgia, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
820 S.E.2d 716, 304 Ga. 635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-hunt-ga-2018.